| |
|
Agenda Changes:
Member Comstock asked to agendize all matters concerning Mr. Crossman in secession after Item #9, for convenience and expedition. Without objection.
Chair Knee asked to strike item #9 from the agenda since no discussion is necessary. Without objection.
|
| 1. |
|
Approval of minutes of March 14, 2007.
Speakers: None
Member Comstock said that he will submit technical corrections to the Administrator.
Motion to approve minutes of March 14, 2007. ( Comstock / Knee )
Ayes: Knee, Comstock
Absent: Craven
|
| 2. |
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 was recused by consensus of the Committee.
Speakers: Kimo Crossman, Complaint, said that he still has not had a meeting with DTIS; that he has not received a complete set of documents or a response. He said, that DTIS did not comply with the Order of Determination.
Motion to refer to the Task Force the Determination of whether the Department of Telecommunications and Information Services has fully complied with the Order of Determination. ( Comstock / Knee )
Ayes: Knee, Comstock
Recused: Craven
|
| 3. |
06031
|
Hearing on the status of the March 27, 2007 Order of Determination of Cynthia Laird vs. Department of Public Health.
Member Comstock was recused by consensus of the Committee.
Speakers: Cynthia Laird, Complainant, said that she no additional information. Respondent: Israel Nieves, said that the Department is now making an introduction, at the beginning of the meeting, that photography is allowed.
After a brief discussion the Committee took no action on this item.
|
| 4. |
07001
|
Hearing on the status of the March 27, 2007 Order of Determination of Debra Ward vs. Municipal Transportation Agency.
Continued by agreement of both parties prior to the meeting.
|
| 5. |
07002a
|
Hearing on the status of the March 27, 2007 Order of Determination of Kimo Crossman vs. Mayor's Office.
Speakers: Kimo Crossman, Complainant, said that he hasn't received written justification as required in the Order of Determination. Joe Arellano, Respondent, said that he has no information regarding the Mayor's December 13, 2006 working calendar, but that he has the proposition G calendar, which he can provide to Mr. Crossman. He said he also has some redactable information for December 13, 2006, that would normally be redacted containing private phone numbers, security detail information, and private meetings with the Mayor.
Kimo Crossman, in rebuttal said that he still has not received written justification or a written response.
Motion to refer this matter to the full Task Force for further consideration of the Compliance and Amendments Committees recommendation that the Mayor's Office be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to respond to the Order of Determination issued by the full Task Force on March 27, 2007; that potential referral, based on that finding, to another appropriate body be considered. (Craven / Comstock)
Ayes: Knee, Comstock, Craven
|
| 6. |
07002b
|
Hearing on the status of the March 27, 2007 Order of Determination of Kimo Crossman vs. Mayor's Office.
Speakers: Kimo Crossman, Complainant, said that he hasn't received an version of the Mayor's working calendar or justification for withholding. Joe Arellano, Respondent, said that the Mayors Office continues to comply with Section 67.29-5 of the Ordinance with regards to the Prop G calendar, which does not require the listing of names of individuals or meetings outside City Hall where no substantive business of the City is discussed. He said that the Mayor's Prop G calendar will continue to be provided, but not the Mayor's working calendar.
Kimo Crossman, in rebuttal said that the Mayor's working calendar is subject to disclosure and he still has not received a properly redacted version of the calendar.
Motion to refer this matter to the full Task Force for further consideration of the Compliance and Amendments Committees recommendation that the Mayor's Office be found in continued violation for failure to preserve records in accordance with the Sunshine Ordinance, and failure to comply with the Order of Determination issued by the full Task Force on March 27, 2007; that potential referral, based on that finding, to another appropriate body be considered. (Craven / Comstock)
Ayes: Knee, Comstock, Craven
|
| 7. |
07008
|
Hearing on the status of the March 27, 2007 Order of Determination of Kimo Crossman vs. Public Utilities Commission.
Member Craven indicated that her spouse has accepted employment with the PUC, but feels that she can be fair and impartial. She asked if recusal was necessary.
DCA Sanchez said that since Member Craven felt that she could be fair the decision was at Member Craven's discretion.
Michael Housh, Respondent said that he did not object to Member Craven hearing the matter.
Member Craven said that due her spouse's financial benefit she would recuse herself.
Motion to recuse Member Craven (Knee/Craven)
Ayes: Knee, Craven
Noes: Comstock
Member Comstock, said that he only recuses himself when he feels that he cannot be fair.
Luilla Harris said that recusal is irrelevant since Member Cravens spouse has not begin working.
Speakers: Kimo Crossman, Complainant, said that he hasn't received a written response and that the PUC should be found in violation for not sending their most knowledgeable person. Michael Housh, Respondent, said that he is the most knowledgeable person. He said that all commissioners have an official e-mail address and that on occasion he may send correspondence to their personal e-mail address as a backup. He formally petitioned the Task Force to reconsider its ruling.
Kimo Crossman, in rebuttal said that the complaint couldn't be retried. He said, that the commission has no expectation of privacy, and asked for finding of a violation.
Motion to refer this matter to the full Task Force for further consideration of the Compliance and Amendments Committees recommendation that the Public Utilities Commission be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to comply with the Order of Determination issued by the full Task Force on March 27, 2007; that potential referral, based on that finding, to another appropriate body be considered. (Comstock / Knee)
Ayes: Knee, Comstock
Recused: Craven
|
| 8. |
07009
|
Hearing on the status of the March 27, 2007 Order of Determination of Kimo Crossman vs. Mayor's Office.
Speakers: Kimo Crossman, Complainant, said that he hasn't received any response on this matter from the Mayor's Office; that the Mayor's Office destroyed records after they were requested. Joe Arellano, Respondent, said that he provided Mr. Crossman with an RSVP list, and the mailed and e-mailed invitation. He said that the e-mails that went out from the Mayor's Office of Neighborhood Services were purged before he could obtain them.
Kimo Crossman, in rebuttal said the Task Force has already found a violation, and that there has been no response.
Motion to refer this matter to the full Task Force for further consideration of the Compliance and Amendments Committees recommendation that the Mayor's Office be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to respond to the Order of Determination issued by the full Task Force on March 27, 2007. (Comstock / Knee)
Ayes: Knee, Comstock, Craven
|
| 9. |
07010
|
Hearing on the status of the March 27, 2007 Order of Determination of Allen Grossman vs. City Attorney's Office.
No action taken on this item.
|
| 10. |
|
Public comment on items not listed on the agenda.
Speakers: Kimo Crossman encouraged the Task Force to review the Ordinance from a best practice viewpoint, rather than incrementally; that the Task Force should get a copy of San Jose's proposed Ordinance. He urged the Task Force to invite someone from the San Jose Reform Commission to speak to them regarding their proposed ordinance.
|
| 11. |
|
Possible amendments to Sections 67.30 (New) 67.8-1, 67.24, 67.29-3, 4, 6, and 7, and 67.30 to 67.35 of the Sunshine Ordinance and subsequent sections as time permits. (discussion and possible action item) (attachment)
- Sec 67.30 (New) Minimum Standards; Electronic Records; Computer Systems; Web Postings
- Sec 67.8-1 Additional Requirements for Closed Sessions.
- Sec 67.24 Public Information that Must Be Disclosed.
- Sec 67.29-1 Records Survive Transition of Officials.
- Sec 67.29-3
- Sec 67.29-4 Lobbyist On Behalf of the City.
- Sec 67.29-6 Sources of Outside Funding.
- Sec 67.29-7 Correspondence and Records Shall Be Maintained.
- Sec 67.30 The Sunshine Ordinance Task Force.
- Sec 67.31 Responsibility for Administration.
- Sec 67.32 Provision of Services to other Agencies; Sunshine Required.
- Sec 67.33 Department Head Declaration.
- Sec 67.34 Willful Failure Shall Be Official Misconduct.
- Sec 67.35 Enforcement Provisions.
- Sec 67.36 Sunshine Ordinance Supercedes Other Local Laws.
- Sec 67.37 Severability.
- Sec 67A.1 Prohibiting the Use of Cell Phones, Pagers and Similar Sound-Producing Electrical Devices At and During Public Meetings.
Chair Knee invited John St. Croix, Executive Director, Ethics Commission (EC) to sit in the commission area to respond to questions of the Task Force.
Mr. St. Croix explained the difference between the Lobbyist Ordinance and Section 67.29-4 of the Sunshine Ordinance. He said, that there is not overlap between the two and recommended that Section 67.29-4 remain unchanged.
The Committee asked Mr. St. Croix to explain their procedures for finding a willful violation pursuant to Section 67.34. Mr. St. Croix said that willful misconduct is difficult to prove; that in order for the EC to find a willful misconduct that have to first confirm that there is a violation due to the preponderance of evidence. He said, that the EC reviews the file provided by the Task Force and may contact the parties, if necessary; that the EC discussions are confidential. He said, that it is help for the Task Force to provide all documentation that they believe support a finding of willful misconduct and to indicate what level of willful misconduct occurred.
Kimo Crossman said that there is a dispute about 1) whether the Task Force can go into closed session, with participation by the Ethics Commission, 2) the EC's fee structure change, and 3) the willful misconduct definition which, he feels, doesn't require a large amount of evidence.
Speakers: Re: 67.24, Kimo Crossman suggested that another term be used rather than the word "award" regarding contracts, because there are disputes as to when contracts are awarded. He asked that documents be made available for Requests for Clarification, Requests for Information, and Requests for Qualifications and not just Request for Proposals. He also asked that an amendment be added to require the recording of contract negotiations.
Sections 67.30 (New), 67.8-1 and 67.24 were discussed and the Administrator recorded recommended amendments.
Chair Knee will write a letter inviting someone from the Office of Contract Administration to the next CAC meeting to discuss: when RFP's become available to the public and when RFP's are disclosed to members of a Policy Body, and to provide general comments on Section 67.24 (e).
Chair Knee, in accordance with Committee consensus, asked the Administrator to identify for discussion and possible action Sections 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.
|
| 12. |
|
Administrator's report.
The Administrator submitted the report.
Speaker: Kimo Crossman asked the Committee to submit a request to the Board of Supervisors that they fund a full time Administrator.
|
| 13. |
|
Announcements, questions, and future agenda items from Committee members.
Member Comstock presented a copy of the response he received from the Ethics Commissions regarding his document disclosure request and the Legislative Draft from the last version of the amendments sent to the Board of Supervisors in 2004.
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
|