November 15, 2006

1.

Approval of minutes of October 11, 2006.

Speakers: None

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

Ayes: Knee, Comstock, Craven

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.

3.

Directive from the Rules Committee of the Board of Supervisors that the Task Force address the issues regarding voluminous requests and vexatious requestors and to report back to the Rules Committee.

Speakers: Kimo Crossman spoke on the importance of not hindering public records request and handed out articles from the Hawaii Reporter re: Vexatious Requestor Bill, and Freedom of Information and Open Government Blog. He also submitted a list of 19 contributions that he alleges he has made to the Task Force.

Allen Grossman alleged that this issue is aimed at Mr. Crossman by the City Attorney; that the Task Force needs to look at what's behind this directive; that no changes be made to the ordinance that hinders public access to records.

Martin MacIntyre said that this issue only serves to keep them form getting public information; that they must submit new request be the Departments are unresponsive.

Francisco DeCosta said that when information is requested departments should provide it. He alleges that departments don't want to provide members of the public with the relevant data because they have something to hide; that the City has chosen to ignore requestors; that when they ask for documents they are for the good of the constituents/majority.

Member Craven suggested that the broader policy question on this matter should be before the full Task Force and to have it on the agenda so that departments who raised the issue and those who have been characterized as abusing the process can attend and make recommendations.

Member Comstock stated that value that active watch dogs provide is being lost; that they have saved millions; that it should be an open process so that everyone knows what's going on. He asked DCA Llorente how would changing the Sunshine law affect State law, specifically CPRA?

Deputy City Attorney Llorente stated that State law can't be pre-empted. However, it does provide that certain areas can be made more open, but not more restrictive. He suggested that this matter be agendized by the full Task Force in a special meeting sot that they can have the time to go over the issues; that all interested parties be invited and allowed to speak, to help the Task Force understand the scope of the problem and identify a solution.

Chair Knee said that this matter could be addressed in Sections 67.25, 26, and 27 of the Ordinance. In accordance with Committee consensus, he will write a letter to the Board of Supervisors Rules Committee saying that the Compliance and Amendments Committee (CAC) Have been aware of this alleged problem for a long time; that the matter will be referred to the full Task Force because the CAC feels that it was more appropriate that the hearing be held with the Full Task Force since there are no pending amendments in this regard, and that they will notify all interested parties who will be encouraged to present their views when this matter is scheduled for a hearing.

4.

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

1. Sec. 67.20 Definitions
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.
7. Sec 67.25 Immediacy of Response
8. Sec 67.26 Withholding Kept to a Minimum
9. Sec 67.27 Justification of Withholding
10. Sec 67.28 Fees for Duplication
11. Sec 67.29 Index to Records
12. Sec 67.29-1 Records Survive Transition of Officials.
13. Sec 67.29-2 Internet Access/World Wide Web Minimum Standards
14. Sec 67.29-3
15. Sec 67.29-4 Lobbyist On Behalf of the City
16. Sec 67.29-5 Calendars of Certain Officials
17. Sec 67.29-6 Sources of Outside Funding
18. Sec 67.29-7 Correspondence and Records Shall Be Maintained

Speakers: Kimo Crossman provided a handout of suggested changes: He said that the definition for Supervisor of Public Forum be added; that there be no "designated" custodian of records; that a requestor be allowed to provide a factory sealed media for e-records requested; that departments who don't provide records identify to requestors how thorough there search were.

Allen Grossman provided a handout of suggested changes: He said that terms need to be simplified including the definition of a Public Record; that the custodian be someone who is in the department; that the Task Force Administrator be the central depositor of the names of departmental custodians; that the ordinance makes clear how public records and public information are dealt with; that if oral request are not honored at the time that a explanation be give; that there is ambiguity as to whether a record is pubic or not; that department heads be notified when an Order of Determination is rendered against them, and that they be penalized if they don't comply.

Martin MacIntyre said that there needs to be some way to confirm claims by departments that they don't have the records requested; that departments who don't provide documents should be held accountable.

Sections 67.20 and 67.21 were discussed and the Administrator recorded recommended amendments.

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: Allen Grossman said that under Proposition 59 any changes to the Ordinance requires a finding; that the public should have the same access to information as the departments.

Martin MacIntyre alleged that departments are using tactics and techniques to prevent the public from getting records by having every records request reviewed by the City Attorney; that to avoid being labeled as a vexatious or voluminous requester a person can file a anonymous request.

Kimo Crossman urged the Task Force to find a way to publicly stand behind community watch dogs and let the public, media, and politicians know what good work that they do; that regarding the articles about him in the Bay Guardian and the SF Weekly that he would like to see public acknowledgement of work that he does; that he's getting "sick and tired" of having to battle the City Attorney and departments, and he needs people to stand behind him; that Bruce Burgmann doesn't understand the metadata issue because he's not real technical and is confused about what's going on; that he's feeling a little discouraged and needs public acknowledgment to straighten misconceptions.

Member Comstock said that he is concerned about changed attitudes that requires every public request to be reviewed by the City Attorney; that he is also concerned about the press seeming to abandon Sunshine and personally plans to write them a letter.

6.

Administrator's report.

The Administrator submitted the report.

Speakers: Kimo Crossman said that the Administrator should provide a display of amendments using his laptop during the meeting; that the COB should not restrict the Administrators work; that the Administrator is not full time; that it is unacceptable that there have been blank tapes made of Task Force meetings; that Minutes and Agendas should be posted in original word format rather than PDF.

7.

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

Member Comstock said that the Boards of Supervisors Rules Committee directed the Task Force to identify the cost to departments for comply with the Sunshine Ordinance; that he will request that the Board of Supervisors provide assistance from the Budget Analyst or some other resource to identify the cost.

Member Craven said that the Board should appoint someone since the Task Force does not have the knowledge center or the ability to make that determination.

Chair Knee said that it is not a fair request and that he will put some language about this in his letter.

Speakers: Kimo Crossman said that during item #3 he provided a document that address the financial consequences of freedom of information.

Adjournment The meeting was adjourned at 7:02 p.m.

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