May 09, 2007

1.

Approval of minutes of April 11, 2007.

Speakers: None

Chair Knee asked the Administrator, in the future, to spell out words rather than use acronyms, the first time that they are used.

Motion to approve minutes of April 11, 2007. ( Comstock / Craven )

Ayes: Knee, Comstock, Craven

2.

07001

Hearing on the status of the March 27, 2007, Order of Determination re Debra Ward vs. Municipal Transportation Agency.

Continued by agreement of both parties prior to the meeting.

3.

07011

Hearing on the status of the April 24, 2007, Order of Determination re Kimo Crossman vs. Sheriff's Office.

The Administrator informed the Committee that Sheriff's Attorney James Harrigan said that he would not be able to attend the hearing but had submitted a letter, which was distributed to Committee members.

Speakers: Kimo Crossman, Complainant, said that the Sheriff's Office has no valid reason for not providing a videotape he had requested. He handed out material to the Task Force that he said proves how easy it is to provide the videotapes and shows the level of detail requested. He said that two other departments have access to the tape, and that there is no written policy regarding who controls videotapes. He asked the Committee to refer the matter to the full Task Force for findings of willful failure to comply with the Task Force's Order of Determination and willful misconduct on the part of Sheriff Michael Hennessey.

Motion to refer the item to the Task Force with a recommendation that the Sheriff'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 Task Force on April 24, 2007; that referral, based on that finding, to the Ethics Commission be considered. ( Knee / Craven )

Ayes: Knee, Comstock, Craven

4.

07018

Hearing on the status of the April 24, 2007, Order of Determination re Peter Warfield vs. Sunshine Ordinance Task Force Administrator and Clerk of the Board of Supervisors.

Member Knee said that the Complainant submitted a letter stating that he could not attend the hearing and since neither the Complainant nor Respondent was present, the matter should be continued.

Continued by consensus.

5.

07023

The Sunshine Ordinance Task Force has referred to the Committee the complaint of Kimo Crossman vs. Department of Telecommunications and Information Services, since the issues are the same as those raised in prior complaints acted on by the Task Force.

Member Craven recused herself.

Speakers: Kimo Crossman, Complainant, said that e-mails still have not been provided. That he submitted a new request for the information and the Department requested a 14-day extension, although an Order of Determination had already been issued. He asked that Chris Vein and Ron Vinson be found in willful failure and official misconduct.

Motion to refer the item to the Task Force with a recommendation that the Department of Telecommunications and Information Services be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to respond to the Order of Determinations issued by the full Task Force on January 23, 2007; that referral, based on that finding, to the Ethics Commission be considered. ( Knee / Comstock )

Ayes: Knee, Comstock

Recused: Craven

Chair Knee reopened discussion on this item upon the arrival of Respondent, Ron Vinson. He informed Mr. Vinson of the motion that was adopted by the Committee prior to his arrival.

Respondent, said that the Department has provided a detailed response to the Orders of Determination as instructed by the Task Force, and that copies of the material were provided to the Task Force. He said that there is no misconduct to warrant a referral to the Ethics Commission and asked for justification.

Chair Knee responded that the matter was referred to the Ethics Commission because the Task Force does not have the authority to discipline or impose a penalty.

Kimo Crossman, in rebuttal, said that no records had been produced. He said that the only option is to refer the matter to another body

The Committee, by consensus, did not reconsider its prior motion.

6.

Public comment on items not listed on the agenda.

Speakers: Kimo Crossman said that the Administrator does not let parties know when a department cannot attend a hearing. He questioned the dates listed in the letter by the Sheriff's office. He said that departments wait until the last minute to submit material. He encouraged the Task Force to instruct the Administrator to notify parties as soon as he/she receives such notice from departments.

7.

Discussion re the method(s) and at what procedural juncture(s) different types of requests, bids and proposals are released to the public and/or to City/County policy bodies.

Speakers: Lynn Khaw, Office of Contract appearing at the Committee's request, discussed the Department's procedures and processes for Request for Bids, Requests for Proposals, Requests for Information, Requests for Quotes, and Requests for Qualifications. She also discussed the contracting process, including when requests are made available to the public and the circumstances during which contracts go before the Board; she said vendor responses are publicly available after a contract has been awarded. She said that requests are sent to and received from vendors who are on the approved list of City store vendors and those who respond to their web site notice. She also described how a panel might be composed.

Kimo Crossman said that Departments can do what they want, but no one will sue them because then the City won't hire them; that Departments have guidelines, but are free to do what they want. He said he doesn't know how panelists are qualified to serve or how trade secrets are used to bar access to information. He said that the public should be able to see the records.

8.

Possible amendments to Sections 67.24, 67.29-3, 4, 6, and 7, and 67.30 to 67A.1 of the Sunshine Ordinance and subsequent sections as time permits

Sec 67.24 Public Information that Must Be Disclosed.

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.

Member Comstock asked DCA Sanchez about the requirement to make the Task Force into a Commission. DCA Sanchez responded that there would have to be a City Charter amendment put before the voters redesignating the Task Force as a Commission and vesting the body with enforcement powers.

Speakers: Re: §67.24, Kimo Crossman recommended that contract negotiations and oral discussions be recorded; that the word "awarded" be changed to "finally negotiated document." Asked that there be a discussion regarding trade secrets.

Re: § 67.28 (new), Kimo Crossman recommended that language be added that requires a finding for restricting information and that information be restricted minimally.

Re: § 67.29-3 Kimo Crossman said that Bruce Brugmann of the Bay Guardian should be contacted and asked about this section before it is removed.

Member Knee said that he would inform Mr. Brugmann of the discussion.

Re: § 67.29-7 Kimo Crossman said that he was confused about what's being changed, but that there should be language about preserving documents in a professional and businesslike manner when City officials leave office. He recommended that the SF Superior Court, outside counsel or a DCA from another county oversee records retention during such transitions.

Chair Knee, by consensus of the Committee, said that he will invite Joe Lynn, former Ethics Commissioner, to discuss his efforts and insights on incorporating the Ethics Commission into the Charter and to suggest ideas for improving the Sunshine Ordinance.

Chair Knee, by consensus of the Committee, asked DCA Sanchez to ask DCA Llorente to provide a report to the Committee re: 1) The procedure for redesignating the Task Force as a Commission, 2) The impact to the Task Force if it became a Commission, its composition and its added powers, and 3) Whether the Task Force has to become a Commission to get enforcement powers.

Chair Knee, in accordance with Committee consensus, asked the Administrator to identify for discussion and possible action Sections 67.30 through 67.35 of the Sunshine Ordinance for the June 2007 meeting agenda, and to note that subsequent sections may be heard if time permits.

9.

Administrator's report.

The Administrator submitted the report.

Speaker: Kimo Crossman said that the hours listed on the door of the Administrator's office are 7 AM to 4 PM, and are not legal since they are not in accordance with Administrative code Chapter 16, Article I § 16.4, which says that the City's business hours are 8:30 AM to 5:00 PM. He said that the Administrator should be instructed to forward copies of information when they are received. He urged the Committee to have a discussion regarding private e-mails.

10.

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

Chair Knee informed the Committee that there is a Federal Shield Law Bill that was introduced in the House of Representatives by Rick Boucher (D-Virginia), and Mike Pence (R-Indiana) that has an exception in it that prevents reporters from using a shield law to hide an informant who provided trade secrets. He said that this is a concern for reporters.

DCA Sanchez informed the Members to be careful not to write anything that tries to supersedes State law.

Speakers: None

Adjournment The meeting was adjourned at 7:19 p.m.

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