March 14, 2007

1.

Approval of minutes of February 12, 2007.

Speakers: None

Motion to approve minutes of February 12, 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 the Task Force should consider allowing freedom of information to current and future information for the availability of future generations. Joe Arellano, Mayor's Office of Communications reported that the Mayor's Office has 1) created another Lotus notes calendar to comply with Prop. G. and 2) developed a protocol for the Mayor's calendar.

Kimo Crossman said that the Mayor's office still has not provided the full calendar.

Member Craven, by consensus of the Committee, directed Mr. Arellano to provide Dr. Lanier with a CD containing the MS Word version of the Mayor's calendar for September to November 2006, as he previously agreed to do.

Mr. Arellano agreed to provide Dr. Lanier with the Word document on a CD.

Chair Knee, by consensus, of the Committee said that no further action is needed on this item. He asked Dr. Lanier to notify the CAC if he does not receive the CD.

3.

07005 & 07007

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

Member Craven asked to be recused since her law firm is currently representing Google regarding the City's Wi-Fi.

Member Craven was recused by consensus of the Committee.

Speakers: Kimo Crossman, Complainant, said that he received a 12mb non-searchable file from DTIS; that he did not receive a passive meeting notice regarding WiFi. Ron Vinson, Department of Telecommunications and Information Services said that he presented all documents in e-mail and in hardcopy; that although the material did not include a passive meeting notice it does include Chris Veins calendar.

Kimo Crossman said he received no notice about a passive meeting, the records were not provided in the requested format, and recommended that he and Ron Vinson meet to clarify his requests.

Member Knee, in accordance with Committee consensus, referred to the Task Force the Determination of whether the Department of Telecommunications and Information Services has fully complied with the Order of Determination.

4.

Public comment on items not listed on the agenda.

Speakers: Kimo Crossman said that he is looking forward to discussing item #5.

5.

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 policy body members to sign an affidavit at the end of each closed session regarding following proper procedures; 67.21 be amended to require that all communications, including oral conversations, be recorded; 67.28 clearly identify the cost of the meeting packet. 67.29 that the index of records is not clear or useful.

Sections 67.8-1 through 67.29 were discussed and the Administrator recorded recommended amendments.

Member Comstock suggested that John St. Croix of the Ethics Commission be invited to talk about Sections 67.29-4, 67.34, and 67.35

Member Craven suggested that Sections 67.29-3 and 67.29-6 be deleted since they don't seem to be related to open government.

Chair Knee will draft a proposed amendment to combine Sections 67.29-1 and 67.29-7.

Member Craven will draft a proposed amendment for Section 67.24

Chair Knee, in accordance with Committee consensus, asked the Administrator to identify for discussion and possible action Sections 67.8-1, 67.24, 67.29-3, 67.29-4, 67.29-6, 67.29-7, and 67.30 through 67.35 of the Sunshine Ordinance for the April 2007, meeting agenda, and to note that subsequent sections may be heard if time permits.

6.

Administrator's report.

The Administrator submitted the report.

In response to Member Comstock's question regarding posting formats on the Internet, the Administrator said that the Department only post information in portable document format to preserve the font image and layout of the document, and because it is a universal format.

Chair Knee agreed to write a letter to the Clerk of the Board regarding the policy.

Speakers: Kimo Crossman alleged that the Administrator is not full time and not giving priority to Sunshine. He alleged that he hasn't been able to get a response for two weeks, and that he is surprised that the Administrator can set policy with regards to Sunshine by only allowing the posting of documents in PDF. He hopes that the Task Force advocates for a full time Administrator.

7.

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

Member Comstock will draft a letter to the Board of Supervisors wishing them a happy Sunshine week and informing them that the Task Force will begin reviewing Articles I and II for possible amendments. They will be welcomed to attend or provide advice.

Speakers: None

Adjournment The meeting was adjourned at 7:24 p.m.

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