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1.
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Approval of minutes of June 13, 2007.
Speakers: None
Motion to approve minutes of June 13, 2007. ( Comstock / Craven )
Ayes: Knee, Comstock, Craven, Pilpel
Absent: Wolfe
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2.
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07025
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Hearing on the status of the June 26, 2007, Order of Determination of John Templeton vs. the Mayor's Office – Historical Preservation Fund Committee.
Speakers: John Templeton, Complainant, commended the Task Force for its efforts and reported that the matter has been resolved. Rich Hillis, Respondent, said that he has no further comment.
No action taken.
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3.
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07030
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Hearing on the status of the June 26, 2007, Order of Determination of Michael Petrelis vs. the Department of Public Health.
Speakers: Michael Petrelis, Complainant, said that he described an identifiable record; that Dr. Klausner was not acting as a private citizen. He said that it is hard to believe that Dr. Klausner does not maintain a calendar and that it is not appropriate for the Department to not comply with the Order of Determination.
Kimo Crossman, said that DPH need to be held accountable. He recommended that Eileen Shields and the department head Dr. Mitchell Katz be found in willful failure and official misconduct. He said that it was wrong for the department to not appear at the meeting.
Member Pilpel asked Mr. Petrelis if he was willing to narrow his request. Mr. Petrelis said "no." Member Pilpel said that he does not feel that forwarding this matter to another agency is warranted.
Member Craven moved to refer the matter to the Ethics Commission.
Member Comstock said that since the department did not state to the full Task Force that they did not have Dr. Klausner's calendars, it is possible that they had them, but they were destroyed.
DCA Llorente said that since Dr. Klausner isn't the Mayor or department head, his calendar is not required, but if he had a calendar it is a public record subject to disclosure. He said that the recommendation regarding the e-mails is appropriate but that there was nothing that could be done regarding the nonexistent calendar.
Motion to refer this matter to the full Task Force with a recommendation that the Department of Public Health be found in willful failure and official misconduct for failure to comply with the Sunshine Ordinance, and failure to comply with the Order of Determination issued by the Task Force on June 26, 2007, by not producing the e-mails of Dr. Jeffrey Klausner during December 2006; that referral, based on that finding, to the Ethics Commission and to another appropriate body be considered. (Craven / Comstock )
Ayes: Knee, Comstock, Craven
Noes: Pilpel
Absent: Wolfe
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4.
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07031
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Hearing on the status of the June 26, 2007, Order of Determination of Patrick Monette-Shaw vs. the Department of Public Health.
Speakers: Patrick Monette-Shaw, Complainant, said that he is not convinced that the digital audio does not exist in a hidden file; that an IT person would know how to retrieve it. He asked that a computer technician be instructed to find the hidden files. Mr. Shaw, also asked that any additional action by the Task Force be in writing without requiring his presence, because he has to take time off from work. Supporter: Francisco Da Costa suggested that departments be given procedures with regards to sunshine. He said that very few people can bring a case before the Task Force, that the process takes too much time, and that complainants are not provided with a clear answers during the adjudication process.
Robert Thomas, Respondent, said that the audio files no longer exist, that the hard drive that was damaged was reformatted and installed in another computer within the agency, but the Department is not certain where.
Mr. Shaw, in rebuttal, urged the Task Force to send a letter to the Department instructing management to train users to back up electronic files on the network drive and not the local drive.
Kimo Crossman said that a knowledgeable IT person should have attended to explain what happened to the hard drive. He said that the recording device has a hidden file and suggested that the Task Force swear people in before they speak.
Member Craven suggested that a letter from the Chair be written asking Laguna Honda to direct appropriate staff to maintain public records on network drives; that appropriate backup mechanisms and not local drives be used. She said the Committee does not need to take any further action.
Member Pilpel asked Mr. Thomas if it's possible that the files exist elsewhere. Mr. Thomas said he didn't know.
Motion that a letter from the Committee be written and directed to the appropriate persons including Robert Thomas, John Kanaley, Larry Funk, Dr. Mitchell Katz and a carbon copy to Eileen Shields, asking them to direct and train appropriate staff to maintain public electronic records on network drives; that appropriate backup mechanisms and not local drives be used. (Pilpel/Craven)
Ayes: Knee, Comstock, Craven, Pilpel
Absent: Wolfe
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5.
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07039
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Hearing on the status of the June 26, 2007, Order of Determination of Paul Graham vs. the Department of Public Health.
Previously withdrawn from the agenda.
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6.
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07040
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Hearing on the status of the June 26, 2007, Order of Determination of Dr. Ahimsha Sumchai vs. Supervisor Sophie Maxwell.
Chair Knee asked the Administrator to contact Supervisor Maxwell's office to ask someone to attend the hearing on this matter. He said public comment would be taken first, until the parties appear.
Public Speakers: Francisco Da Costa said arrangements were not made ahead of time to play to the CD at the meeting and a lot of time was wasted. He urged the Task Force to pay attention to that in the future. He urged the Task Force not to encourage individuals to provide a CD if equipment is not available to play it. Most members did not get a full sense of what took place at the Land Use hearing. He blamed the Administrator for not providing all of the necessary equipment.
Kimo Crossman said it was frustrating not to have the equipment ready at the full Task Force hearing. He recommended that the Task Force swear people in before they give testimony.
Espinola Jackson said she is sad that the City has become so corrupted and money-hungry that it will not sanction anyone for their actions. She said she does not believe the Task Force will sanction the Supervisor for her actions affecting the Bayview community. She said that what is happening in the Bayview community is a crime and that City leaders are looking the other way.
Speakers: Katherine Higgins, Respondent, said the Supervisor is working to ensure a more transparent process, and that the Supervisor has spoken with the Land Use Committee clerk regarding collecting the speaker cards in the order submitted. She said the Supervisor feels that her interruption of a member of the public for speaking on a non-agendized item was appropriate.
Member Pilpel asked Ms. Higgins if she could provide a written statement of efforts made by the Supervisor. Ms Higgins said a written statement would be provided. Member Pilpel urged the Supervisor not to disrupt public speakers if they (the public) feel the matter is relevant.
Chair Knee said that the speaker cards are for record-keeping purposes and that speakers may remain anonymous.
Member Craven said there is no requirement to call speakers in the order in which the speaker cards were submitted, but that it's more about transparency and giving people a sense of fairness.
No action taken.
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7.
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07042
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Hearing on the status of the June 26, 2007, Order of Determination of Francisco Da Costa vs. Supervisor Sophie Maxwell.
Speaker: Francisco Da Costa, Complainant, said speaker cards were given to the secretary prior to the meeting, but that the Chair chose to allow people that she favors to speak on matters that were not on the agenda, and that this is an injustice to the public. Supporter: Espinola Jackson, said they were at the meeting before anyone arrived, and had turned in their speaker cards, but others were allowed to speak before her.
Katherine Higgins, Respondent, said that as previous;y indicated the Supervisor is working to ensure a more transparent process, and that a letter will be sent to the Committee.
Mr. Da Costa, in rebuttal, said that he has diligently tried to speak on issues, but have been denied the opportunity to speak publicly, which he feels is racist. He said that in two months he will ask for a recall of the Supervisor.
Kimo Crossman said the Task Force functions as a judge, to serve the public and not City officials, and that it's the Task Force's responsibility to show how public policy is to be developed.
Member Craven suggested that no further action be taken.
Member Pilpel agreed with the suggestion and said that if the letter from the Supervisor discloses more information, the matter can be reopened.
No action taken.
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8.
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Possible amendments to Sections 67.30 to 67.35 of the Sunshine Ordinance and subsequent sections as time permits.
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 Knee, said that members have expressed interest in attending the Police Commission meeting re Josh Wolf, so the meeting will be adjourned at 6:15 PM.
DCA Llorente reported on a prior question regarding subpoena power. He said the Task Force may ask a Supervisor to sponsor an ordinance that would provide subpoena power; otherwise it would be necessary to amend the Charter.
Member Knee asked if the Task Force has the power to place speakers under oath. DCA Llorente said he didn't know. Member Knee asked that DCA Llorente research the matter and report back to the Committee. Member Pilpel said that swearing a person in would not have a binding affect, since there is no penalty.
Member Craven asked about the difference between changing the name of the Task Force to a Commission and changing the Task Force to a Commission. DCA Llorente said that a name change could be done by Charter Amendment or by ordinance. He said that a charter amendment gives the Task Force subpoena power. Member Pilpel, said that the Task Force should focus on powers and duties, which they can only get by a charter amendment. He said that the name change is done by Ordinance through voter initiative.
Member Craven asked what could be gained by a Charter amendment if subpoena power can be provided by ordinance. Member Comstock responded that the Charter gives more power than an ordinance.
Sections 67.30 (a) through (d) were discussed and the Administrator recorded recommended amendments.
Chair Knee asked member Pilpel to inquire from the Youth Commission as to whether they would be interest in participating as an ex-officio member of the Task Force.
Re: Section 67.30 (a-d): Kimo Crossman said the Youth Commission should not sit on the Task Force. He feels that broadening the possible media applicants would benefit the Task Force. He suggested that the Task Force consider adding the ability to get advice from outside attorneys and not just the City Attorney, and that the Supervisor of Public Forum be required to provide an annual report. He said poor attendance by members might be a reason for their removal and that the Task Force should be empowered to get opinions from the state Attorney General.
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9.
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Administrator's report.
The Administrator made the report.
Speakers: Kimo Crossman said he is working with the Administrator to mediate his complaints, but so far it is not going well.
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10.
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Public comment on items not listed on the agenda.
Speakers: Joseph Partansky, said that he attended a conference by the National Academy of Sciences, which had some good discussions regarding making the Library of Congress available to the public. He recommended that the Task Force read a book titled "Full Disclosure: the Perils and Promise of Transparency."
Kimo Crossman said he submitted suggestions regarding the amendments that are not in the packet. He urged the Task Force to send a letter in support of a Californians Aware-sponsored bill on public records reform. He said it is inappropriate for a member of the public to be attacked for exercising his open government rights. He said that a year ago the Task Force urged him to file complaints and now that he does he's being criticized for it.
Espinola Jackson, suggested that persons appearing before the Task Force be sworn in because there are many untruths. She asked if the Task Force is in a position to instruct departments regarding this and inform City officials that they are paid employees of the City.
Francisco Da Costa said those who attend the committee meetings are informed on issues, as Task Force members should be, and that members are biased if they have reached conclusions prior to a meeting. He said people should have an opportunity to provide comment.
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11.
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Announcements, questions, and future agenda items from Committee members.
Speakers: None.
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Adjournment The meeting was adjourned at 6:46 p.m.
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This meeting has been audio recorded and is on file in the office of the Sunshine Ordinance Task Force
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