February 12, 2007

1.

Approval of minutes of January 8, 2007.

Speakers: None

Motion to approve minutes of January 8, 2007. ( Comstock / Craven )

Ayes: Knee, Comstock, Craven

2.

06019

Continued hearing on the status of the December 20, 2006 Order of Determination of SFSM on behalf of Doctor Wayne Lanier vs. Mayor's Office.

Member Comstock recused himself.

Speakers: Dr. Wayne Lanier, Complainant; said that he is still waiting to received the documents in the requested format. Joe Arellano, Mayor's Office of Communications reported that the Mayor's Office has 1) investigated securing redaction's in Lotus Notes; that it would require the creation of a separate calendar along side the Mayor's working calendar, at a substantial cost and that they are looking into a workaround, 2) Regarding their redaction policy Mr. Arellano said that the Mayor's calendar will include the names of all City officers including department heads, public, and other city and elected officials, employees, and dignitaries, community groups, and unions, and for private citizens the issues discussed. He said that the calendar will not include any private telephone numbers, addresses or personal events, and 3) Mr. Arellano said that it is impossible to provide a complete calendar in searchable PDF to Dr. Lanier because some documents are lost and a portion of the calendar (March – August 2006) is in paper form and the other (September – November 2006) is in MS Word.

Christian Holmer said that there are various departments which are following the rules to convert to PDF

Kimo Crossman said that there is no written response from MOC regarding a redaction policy; that the Prop G calendar is not relevant as is Prop 59 and the California Public Records Act.

Dr. Lanier, in response to Member Craven's question, said that he is willing to receive the calendar in MS Word rather than PDF.

The Committee by consensus asked Mr. Arellano to report to the Committee 1) The cost to create/design a new-compatible calendar in Lotus Notes calendar and 2) to provide the Committee with the Mayor's written policy for formulation of the Prop G calendar.

Continued, by consensus of the Committee.

3.

06025

Hearing on the status of the January 23, 2007 Order of Determination of Kimo Crossman vs. Department of Telecommunications and Information Services.

Chair Knee asked the Administrator to call Ron Vinson to request his attendance at the hearing. The Administrator called Mr. Vinson's office phone but was unable to contact him.

Speakers: Kimo Crossman, Complainant, said that he received no response from DTIS and asked that DTIS be found in "default and official misconduct."

Member Comstock asked the DCA Llorente to explain official misconduct. DCA Llorente referred him to Section 67.34 of the Ordinance. He said that there are three levels of misconduct 1) Nonfeasance, 2) Misfeasance, and 3) Malfeasance, which must be considered before there is a determination of willful failure.

Motion to refer this matter to the full Task Force for further consideration of the Compliance and Amendments Committees recommendation that Ron Vinson, of the Department of Telecommunications and Information Services, be found in willful misconduct for failure to discharge his duties imposed by the Sunshine Ordinance with respect to Mr. Vinson's failure to respond to the Order of Determination issued by the full Task Force on January 23, 2007 and failure to appear before the Compliance and Amendments Committee; that potential referral, based on that finding, to the Ethics Commission and/or other appropriate body be considered. (Craven/Comstock)

Ayes: Knee, Comstock, Craven

4.

06027

Hearing on the status of the January 23, 2007 Order of Determination of Kimo Crossman vs. Department of Telecommunications and Information Services.

Speakers: Kimo Crossman, Complainant, asked that Ron Vinson and Chris Vein be found guilty of "official misconduct."

Motion to refer this matter to the full Task Force for further consideration of the Compliance and Amendments Committees recommendation that Ron Vinson, of the Department of Telecommunications and Information Services, be found in willful misconduct for failure to discharge his duties imposed by the Sunshine Ordinance with respect to the underline complaint, for failure to respond to the Order of Determination issued by the full Task Force on January 23, 2007, and for failure to appear before the Compliance and Amendments Committee; that potential referral, based on that finding, to the Ethics Commission and/or other appropriate body be considered. (Craven/Comstock)

Ayes: Knee, Comstock, Craven

Member Knee declared a three minute recess. He said that the meeting may be adjourned when the Committee is notified that discussions on an item of interest on the Ethics Commission agenda, who is meeting in an adjacent room, begin.

5.

06033

Hearing on the status of the January 23, 2007 Order of Determination of Mary McGuire vs. Taxi Commission.

Speakers: Mary McGuire, Complainant said that agendas are now posted outside of the meeting; however there isn't enough agenda packets available for the public during the hearing; Jordanna Thigpen, Taxi Commission reported that agendas are now posted outside of the meeting; that she will speak to the appropriate persons regarding the agenda packet.

Kimo Crossman said that the Task Force might want to amend the Ordinance to require that copies of the agenda packet be made available to the public during the meetings.

Chair Knee, by consensus of the Committee, asked Ms. Thigpen to, if feasible, provide more copies of the agenda packet at the meeting.

In accordance with Committee consensus, no further action was taken on this matter.

6

06034

Hearing on the status of the January 23, 2007 Order of Determination of Jason Garza vs. Department of Public Health – SF General Hospital.

Speakers: Jason Garza, Complainant said that he still have not received all of the records that he requested, namely the Medical Screening.

Kimo Crossman urged the committee to make the Department accountable for not appearing at the hearing.

Member Comstock informed Mr. Garza that the Task Force can't order the release of his medical records; that he must sign for their release. He also told Mr. Garza that if he believes that there are some non-medical records that he requested but did not receive that he should file a new complaint and identify them, since the Task Force has already ruled on the matter.

In accordance with Committee consensus, no further action was taken on this matter.

7.

Public comment on items not listed on the agenda.

Speakers: Kimo Crossman expressed concerned that a sufficient number of packets are not available at meetings and can't see why a few extra copies can't be made.

Mary McGuire said that the Taxi Commissions entire budget come from fees from their industry and not the General fund.

8.

Possible amendments to Sections 67.8-1, 67.21 (n), 67.21-1, 67.22, 67.24, and 67.26 to 67.29-7 of the Sunshine Ordinance and subsequent sections as time permits.

1. Sec 67.8-1 Additional Requirements for Closed Sessions
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 67.24 Public Information that Must Be Disclosed.
6. Sec 67.26 Withholding Kept to a Minimum
7. Sec 67.27 Justification of Withholding
8. Sec 67.28 Fees for Duplication
9. Sec 67.29 Index to Records
10. Sec 67.29-1 Records Survive Transition of Officials.
11. Sec 67.29-2 Internet Access/World Wide Web Minimum Standards
12. Sec 67.29-3
13. Sec 67.29-4 Lobbyist On Behalf of the City
14. Sec 67.29-5 Calendars of Certain Officials
15. Sec 67.29-6 Sources of Outside Funding
16. Sec 67.29-7 Correspondence and Records Shall Be Maintained

Speakers: Kimo Crossman suggested that: 67.8-1 be amended to require each member of a policy body to sign an affidavit at the end of each closed session stating that they have followed proper procedures for closed sessions.

Proposed language for Section 67.8-1 was discussed but no changes were made. The section was continued by consensus of the Committee.

Deputy City Attorney Llorente was asked to create a draft amendment of Section 67.35, for the Committees review, that incorporates language as appropriate from the proposed new Section 67.19, provided by Member Comstock.

Chair Knee noted that the word requester is also spelled requestor and, in accordance with Committee consensus, asked the Administrator to make the spelling consistent throughout the proposed ordinance.

Member Comstock asked to be excused from the meeting, without objection.

Chair Knee moved to adjourn, without objection.

9.

Administrator's report.

The Administrator submitted the report.

Speakers: Kimo Crossman urged the committee to ask the Administrator to continue experimenting with electronic recording of the meeting, and to post the recording on the web.

10.

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

Speakers: Member Comstock suggested that the regular meetings me moved back to the second Wednesday of each month.

Member Craven said she was okay with the changed provided that the meetings adjourn at 7:00 P.M.

Chair Knee, by consensus of the Committee, said that starting in March 14, 2007, meetings would be held on the second Wednesday of each month.

Chair Knee informed members that the local chapter of the Society of Professional Journalist is having their annual James Madison Awards dinner, honoring champions of the first amendment and freedom of information, on Tuesday, March 13, at the Biscuits and Blues restaurant in San Francisco.

Adjournment The meeting was adjourned at 6:13 p.m.

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