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January 5, 2010 - special

SUNSHINE ORDINANCE TASK FORCE

SPECIAL MEETING

AGENDA

Tuesday, January 5, 2010

4:00 p.m., City Hall, Room 408

Task Force Members

Seat 1

Erica Craven-Green(Vice Chair)

Seat 8

Kristin Chu

Seat 2

Richard Knee (Chair)

Seat 9

Hanley Chan

Seat 3

Sue Cauthen

Seat 10

Nick Goldman

Seat 4

Suzanne Manneh

Seat 11

Marjorie Ann Williams

Seat 5

Allyson Washburn

Seat 6

James Knoebber

Ex-officio

Angela Calvillo

Seat 7

Doyle Johnson

Ex-officio

(Vacant)

Note: Each item on the Agenda may include minutes, department or agency letters and reports; Task Force reports; and public correspondence. If any materials related to an item on this agenda have been distributed to the Task Force after distribution of the packet, those materials in addition to the packet are available for public inspection at City Hall, in the Office of the Clerk of the Board, Room 244 during normal office hours.

Call to Order; Roll Call; Agenda Changes

1.

Approval of December 1, 2009, special meeting minutes. (action item) (5 min)

2.

09074

Determination of jurisdiction on complaint filed by Kimo Crossman against the Ethics Commission for allegedly violating Sec. 67.24 (h) (g) (i) by invoking exemptions not allowed under the Sunshine Ordinance. (action item) (5 min) (attachment)

3.

09074

Hearing on complaint filed by Kimo Crossman against the Ethics Commission for allegedly violating Sec. 67.24 (h) (g) (i) by invoking exemptions not allowed under the Sunshine Ordinance. (action item) (15 min) (attachment)

4.

09039

The Compliance and Amendments Committee has recommended to the Task Force that 09039 Rita O’Flynn against the Mayor’s Office of Housing be referred to the Ethics Commission for willful violation under Sections 67.30, 67.34 and 67.21 ( e ) of the Ordinance. (action item) (attachment)(15 min)

5.

09057

The Compliance and Amendments Committee has forwarded to the Task Force 09057 Peter Warfield against the Clerk of the Board for failure to comply with the Order of Determination. (action item) (attachment) (15 min)

6.

09069

Hearing on complaint filed by the Asian Law Caucus against the Mayor’s Office for alleged failure to respond to information requests. (action item) (attachment) (15 min)

7.

09072

Determination of jurisdiction on complaint filed by Anmarie Mabbutt against the Clerk of the Board for not meeting agenda requirements regarding Legislative File No. 070815. (action item) (attachment) (5 min)

8.

09072

Hearing on complaint filed by Anmarie Mabbutt against the Clerk of the Board for not meeting agenda requirements regarding Legislative File No. 070815. (action item) (attachment) (15 min)

9.

09073

Determination of jurisdiction on complaint filed by Anmarie Mabbutt against the Clerk of the Board for not meeting agenda requirements regarding Legislative File No. 090717.. (action item) (attachment) (5 min)

10.

09073

Hearing on complaint filed by Anmarie Mabbutt against the Clerk of the Board for not meeting agenda requirements regarding Legislative File No. 090717. (action item) (attachment) (15 min)

11.

09075

Determination of jurisdiction on complaint filed by Bred Starr against the City Attorney’s Office for allegedly withholding public information. (action item) (attachment) (5 min)

12.

09075

Hearing on complaint filed by Bred Starr against the City Attorney’s Office for allegedly withholding public information (action item) (attachment) (15 min)

13.

09077

Determination of jurisdiction on complaint filed by Melvyn Banks against the Department of Public Health for allegedly creating and implementing policies procedures, and forms without public comment and/or scrutiny (action item) (attachment) (5 min)

14.

09077

Hearing on complaint filed by Melvyn Banks against the Department of Public Health for allegedly creating and implementing policies procedures, and forms without public comment and/or scrutiny (action item) (attachment)(15 min)

15.

09078

Determination of jurisdiction on complaint filed by Anonymous Tenants against the Planning Department for allegedly withholding public documents. (action item) (attachment) (5 min)

16.

09078

Hearing on complaint filed by Anonymous Tenants against the Planning Department for allegedly withholding public documents. (action item) (attachment) (15 min)

17.

09079

Determination of jurisdiction on complaint filed by Kenneth Kinnard against the Human Rights Commission for allegedly failing to respond to an Immediate Disclosure Request. (action item) (attachment) (5 min)

18.

09079

Hearing on complaint filed by Kenneth Kinnard against the Human Rights Commission for allegedly failing to respond to an Immediate Disclosure Request. (action item) (attachment) (15 min)

19.

09080

Determination of jurisdiction on complaint filed by Alvin Xex against the Human Services Agency for not providing information. (action item) (attachment) (5 min)

20.

09080

Hearing on complaint filed by Alvin Xex against the Human Services Agency for not providing information. (action item) (attachment) (15 min)

21.

09081

Determination of jurisdiction on complaint filed by Alvin Xex against the Economic Opportunity Council for alleged denial of access to public records. (action item) (attachment) (5 min)

22.

09081

Hearing on complaint filed by Alvin Xex against the Economic Opportunity Council for alleged denial of access to public records. (action item) (attachment) (15 min)

23.

09082

Determination of jurisdiction on complaint filed by Raymond Banks against the Department of Public Health for allegedly not producing a document in a timely manner. (action item) (attachment) (5 min)

24.

09082

Hearing on complaint filed by Raymond Banks against the Department of Public Health for allegedly not producing a document in a timely manner. (action item) (attachment) (15 min)

25.

09083

Determination of jurisdiction on complaint filed by Ellen Tsang against the Department of Building Inspection for allegedly not providing her with a copy of a building permit application. (action item) (attachment) (5 min)

26.

09083

Hearing on complaint filed by Ellen Tsang against the Department of Building Inspection for allegedly not providing a copy of a building permit application. (action item) (attachment) (15 min)

27.

09084

Determination of jurisdiction on complaint filed by Supervisor Chris Daly against the Mayor’s Office for allegedly failing to respond to an Immediate Disclosure Request. (action item) (attachment) (5 min)

28.

09084

Hearing on complaint filed by Supervisor Chris Daly against the Mayor’s Office for allegedly failing to respond to an Immediate Disclosure Request. (action item) (attachment) (15 min)

29.

09085

Determination of jurisdiction on complaint filed by Mike Addario against the Arts Commission for allegedly violating the Sunshine Ordinance. (action item) (attachment) (5 min)

30.

09085

Hearing on complaint filed by Mike Addario against the Arts Commission for allegedly violating the Sunshine Ordinance. (action item) (attachment) (15 min)

31.

Supervisor of Records Report (discussion and possible action) (15 min) (attachment)

32.

Ethics Commission proposed rules on handling Sunshine complaints. (discussion and possible action) (15 min)

33.

Report: Complaint Committee: meeting of December 8, 2009. (Nick Goldman) (discussion and possible action) (5 min)

34.

Report: Compliance and Amendments Committee: meeting of December 8, 2009. (Erica Craven-Green) (discussion and possible action) (5 min)

35.

Report: Education, Outreach and Training Committee meeting of December 10, 2009. (Sue Cauthen) (discussion and possible action) (5 min)

36.

Task Force and committee meeting schedules. Shall the Task Force and its committees revise their meeting schedules to enable the Task Force to meet twice a month? (discussion and possible action)

37.

Administrator’s Report. (discussion) (5 min)

38.

Public comment for items not listed on the agenda. Public comment shall be held at 5:00 p.m., or as soon thereafter as possible. (no action) (12 min)

39.

Announcements, comments, questions, and future agenda items from the Task Force. (no action item) (5 min) (no attachment)

Adjournment Next regularly scheduled meeting: Jan. 26, 2010


THE AGENDA PACKET IS AVAILABLE FOR REVIEW

MONDAY THROUGH FRIDAY AT CITY HALL, ROOM 244

SUNSHINE ORDINANCE TASK FORCE HEARING PROCEDURES

Note: Each member of the public will be allotted the same maximum number of minutes to speak as set by the Chair at the beginning of each item, excluding persons requested by the Task Force to make presentations. Any person speaking during a public comment period may supply a brief written summary of their comments, which shall, if no more than 150 words, be included in the minutes. (Section 67.16)

Each member of the public who is unable to attend the public meeting or hearing may submit to the City, by the time the proceeding begins, written comments regarding the subject of the meeting or hearing; these comments will be made a part of the official public record. (Section 67.7-1 (c))

1.

Complainant presents his/her facts and evidence

5 minutes

Other parties of Complainant present facts and evidence

Up to 3 minutes each

2.

City responds

5 minutes

Other parties of City respond

Up to 3 minutes each

Above total speaking times for Complainant and City to be the same.


3.

Matter is with the Task Force for discussion and questions.

4.

Respondent and Complainant presents clarification/rebuttal

3 minutes

5.

Matter is with the Task Force for motion and deliberation.

6.

Public comment (Excluding Complainant & City response, witnesses)

Up to 3 minutes each

7.

Vote by Task Force (Public comment at discretion of chair on new motion and/or on new motion if vote fails.)

Note: Time must be adhered to. If a speaker is interrupted by questions, the interruption does not count against his/her time.

Disability Access: The hearing room is wheelchair accessible.

Chemical-Based Products: In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.

Cell phones, pagers and similar sound-producing electronic devices: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE: Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact the Administrator by mail to: Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; or by email at sotf@sfgov.org.

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from the Administrator or by printing Chapter 67 of the San Francisco Administrative Code from the Internet, at URL: http://www.sfgov.org/site/sunshine_page.asp?id=34495

Lobbyist Registration & Reporting Requirements: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (SF Campaign & Governmental Conduct Code Sec. 2.100) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415 581-2300; fax (415 581-2317); website: sfgov.org/ethics.

Last updated: 1/11/2010 12:43:40 PM