1. |
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Approval of minutes of August 25, 2009, regular meeting.
Motion to approve minutes of August 25, 2009, regular meeting. ( Goldman / Chu )
Public Comment: None.
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chan, Goldman, Williams, Chu, Knee
Excused: Washburn, Johnson
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2. |
09043 |
Determination of jurisdiction on the complaint filed by Peter Warfield against the Library Commission for allegedly denying public comment.
Motion to find jurisdiction ( Goldman / Knoebber )
Public Comment: None
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chan, Goldman, Williams, Chu, Knee
Excused: Washburn, Johnson
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3. |
09043 |
Hearing on the complaint filed by Peter Warfield against the Library Commission for allegedly denying public comment.
Complainant Peter Warfield, co-founder and Executive Director of the Library Users Association, said freedom of speech in this country is very important and protected in a variety of ways. He said he tried to make public comment on a different subject at a Library Commission that was meeting on the Park Branch. He said the president of the Library Commission interrupted him several times and prevented him from voicing his views on the topic of his interest. When he realized he was not going to be allowed to verbally convey what he wanted to say, he changed the topic and spoke on something else. His case, he said, was based on the agenda’s description that said public comment was being allowed on matters within the purview of the Library Commission.
Respondent Jewel Gomez, President of the Library Commission, said opening comments from the public are for topics not on the agenda and that Mr. Warfield wanted to speak on a subject that was on the agenda but calendared for later in the session. When he was told that his comment on the Park Branch should be reserved for later in the agenda, he got to speak on whatever he had to say for a total of three minutes as anyone else would be able to, she said. Sue Blackman, Secretary of the Library Commission said Mr. Warfield got to speak about the Park Branch when the item was called. She also added that Mr. Warfield has a pattern of not following the agenda and did the same thing at a recent Historic Preservation Committee meeting.
Member Cauthen said the public comment session was for items under the purview of the Library Commission and that Mr. Warfield was commenting on a topic not listed under the Park Branch item.
Public Comment: Ray Hartz said when he gets up and speaks he has the right to speak about anything he wants and nobody has the right to prevent him from saying what he wants to say. Francisco DeCosta said Mr. Warfield had every right to convey his thoughts and would be baffled if the Task Force decided otherwise. Ace Washington said the Board of Supervisors even allows a member of the public who sings for three minutes during public comment session.
In rebuttal, Ms. Gomez said when an agenda item is called, all topics are open for discussion and nobody is limited to the issues mentioned under the agenda entry.
Mr. Warfield said a speaker at the meeting who spoke before him was allowed to speak on the same topic without interruption but when his turn came, he was stifled.
Motion to find violation of 67.15 ( Cauthen / Goldman )
On the motion:
Ayes: Cauthen, Chan, Williams, Chu, Knee
Noes: Craven-Green, Knoebber, Goldman
Excused: Washburn, Johnson
The motion fails. No violation. No further action
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4. |
09055 |
Determination of jurisdiction filed by Peter Warfield against the Public Library for alleged unlawful and unjustified redaction of documents.
Motion to find jurisdiction. ( Goldman / Knoebber )
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chu, Chan, Goldman, Williams, Knee
Excused: Washburn, Johnson
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5. |
09055 |
Hearing on complaint filed by Peter Warfield against the Public Library for alleged unlawful and unjustified redaction of documents.
Complainant Peter Warfield said the information he received from the Library was redacted without any justification. He said the Library was in violation of Sections 67.21 ( a ), 67.26 and 67.27 of the Ordinance.
Respondent Sue Blackman, Secretary of the Library Commission, said this case should be dismissed because the complainant does not cite a specific document or case. However, she said, it is the policy of the Library to redact personal emails and addresses. Jewel Gomes, President of the Library Commission, said she was surprised by the complainant who said that she had contacted Chair Knee at his home for an earlier case when in fact she had contacted the Task Force’s office, which then relayed her message to Chair Knee, who then contacted her.
After further discussion Member Craven-Green said the Library should be found in violation for failure to release email and home addresses but not for withholding home telephone numbers.
Public Comment: Ray Hartz said he has the right to withhold his information but the government does not have the right to withhold it on his behalf.
In conclusion, Ms. Blackman said, errors could be made, but emails sent to the Library Commission are never redacted and that not knowing what Mr. Warfield is alluring to makes it difficult for the Library to respond. Mr. Warfield said the law allows for certain redactions but not email addresses. He wanted the Library to show proof that they follow the law. He said he has seen a City annual report that includes the home and business addresses of Library Commissioners.
Motion to continue matter ( Cauthen / Williams )
Public Comment: Ray Hartz said the Task Force needs to stop being nice to the departments and find them in violation.
On the motion:
Ayes: Craven-Green, Cauthen, Chan, Williams
Noes: Knoebber, Goldman, Chu, Knee
Excused: Washburn, Johnson
Motion fails. No further action.
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6. |
08056 |
Hearing on the status of the January 6, 2009, Order of Determination of Anonymous against the San Francisco Police Department.
Complainant Ray Hartz said he was pleased to see the Index of Records which actually is the department’s document retention policy. The document, he said, is not in the form the Sunshine Ordinance intended it to be. The same could be said of all departments’ Indexes, he said. He added that the Education, Outreach and Training Committee should have explained to the Police Department what was required under the law.
Lt. Daniel Mahoney of the San Francisco Police Department’s Legal Division said the document would be reviewed and updated as necessary and that the template for the Index was provided by the City Administrator’s Office
Public Comment: None
Lt. Mahoney did not have any closing remark. Mr. Hartz said nobody can get a Police Department or Police Commission document through the Index. The Police do not need a pat on the back for taking 10 years to obey the law, he added.
Matter concluded. Education, Outreach and Training Committee EOTC to revisit issue after a few months.
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7. |
09008 |
Hearing on the status of the February 24, 2009, Order of Determination of Anonymous against the San Francisco Police Commission.
Complainant Ray Hartz said like the previous case the Index is useless and finds that nobody wants to discuss the issue further. Just because the San Francisco Police Commission posted a document does not mean they are in compliance, he said. The document is not what the Ordinance says it needs to be, he added.
Lt. Joe Reilly of the San Francisco Police Commission said he has never denied a person a record when requested in his five years as secretary. He said the department’s General Orders have been online for a number of years and most recently the Index.
At Chair Knee’s request, Lt. Reilly gave a brief description on the Index and added that it was not linked to the Police Commission’s database.
Public Comment: None
Matter concluded. Education, Outreach and Training Committee EOTC to revisit issue after a few months.
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8. |
09039 |
Hearing on the complaint filed by Rita O’Flynn against the Mayor’s Office of Housing for allegedly deleting email records which were the subject of a Sunshine Ordinance Request for Records.
Complainant Rita O’Flynn said the Mayor’s Office of Housing conducted lead abatement on her property in 2005 under the Lead Hazard Reduction Grant program. In January of 2007 she notified MOH in writing that she was going to opt out of the program and return the funding if they were successful in evicting the tenant at 1672 Great Highway. At an eviction hearing in March of 2007, Myrna Melgar of the Mayor’s Office testified that MOH never received the opt-out letter. In March 2008, she requested to see her files and a copy of its contents. On inspection, she found that a number of emails she had seen in the file were missing. After trying several times to obtain the missing information she received a letter from Douglas Shoemaker that said all records had been destroyed according to department policy. Ms. O’Flynn said she believed that those documents were destroyed in violation of the department’s policies as well as the Sunshine Ordinance. Moreover, she said, MOH provided her two weeks ago with a copy of an email Michael Palmer had sent to Ms Melgar on February 14, 2007, regarding her property. That email, she added, was not in the file she originally reviewed. Mark O’Flynn reminded the committee that the Task Force has found that Ms. O’Flynn was entitled to the deleted emails and that it had suggested that she file another complaint against the MOH to compel them to produce the records at their expense. The Palmer email, he said, is one instance where documents were in somebody’s possession and not produced.
Respondent Oliver Hack of the MOH said although Ms. O’Flynn is still alleging that emails were deleted and not produced, the contents of the file remain the same and that nothing has been removed or added from the time she made her first request.
Member Craven-Green wanted to know when Ms. O’Flynn received Mr. Shoemaker’s letter. Ms. O’Flynn said it was in May, 2008, and after she had reviewed the file. She also said she did not request the Palmer email and that Mr. Hack provided it in case she did not have a copy.
Mr. Hack told Member Craven-Green that Ms O’Flynn had requested the emails when she said she wanted copies of all emails between certain parties and one of them was Mr. Palmer. He said when he was assigned to the case he approached Mr. Palmer to see if he had anything on the properties in question. Mr. Palmer provided him with the email and he forwarded it to Ms. O’Flynn, he said.
On further questioning, Mr. Hack told Member Craven-Green that he was not sure if Ms. Melgar had a copy of the Palmer email.
Member Craven Green was also told that the grant started in 2003 and ended in 2005, and because MOH’s record retention and destruction policy said the department has to keep the records for an additional four years, the expiry date was 2009.
Ms. O’Flynn told Member Craven-Green that Mr. Palmer’s name was included in her 2008 request.
Member Craven-Green said the issue of what was needed from Ms. O’Flynn was proof that there were emails that she did not receive and had been deleted. Ms. O’Flynn had said she had seen emails when she went in to inspect the records but when she asked for copies the emails ceased to exist. The Task Force needed proof that MOH had violated their record retention and destruction policy by deleting emails that were subject to a Sunshine request.
Ms. O’Flynn told the Task Force that the Palmer email was only produced recently and not when the original request was made in 2008.
Member Craven-Green said she does not know how MOH produces information but it was a practice at law firms to make a copy of what they produce for discovery requests.
She also noted that the MOH is not saying that a copy of the Palmer email was included. And in fact it one of the emails that was deleted. Their strategy, with respect to this situation, could have been not to produce anything in writing because of the pending litigation, she added.
Public Comment: None:
Respondent Mr. Hack said MOH believed that it has provided Ms. O’Flynn with everything they have on the property.
Ms. O’Flynn said he hoped the evidence she presented not only showed a problem with emails but also with other communications regarding her property.
Member Williams noted that Mr. Hack was new to the complaint and that he could not produce something that no longer existed.
Chair Knee said emails have a backup system and because of that the records are on a backup system somewhere. He said the office may have violated Sec. 67.29-1 for not maintaining their documents. He also noted that Sec. 67.29-7 says correspondence and records must be maintained and although it does not specify the type of document it could be inferred that electronic documents were included.
Motion to find violation of 67.21 for failure to produce requested records and 67.29-7 ( a ) for failure to maintain records as required by the Admin Code and MOH retention policy. MOH is to request the Department of Technology to restore Ms. Melgar’s email that fall within the time frames Ms. O’Flynn made during her original request and the cost to restore and review to be borne by the MOH. ( Craven-Green / Goldman )
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chan, Goldman, Williams, Chu, Knee
Excused: Washburn, Johnson
The parties are to appear before the Compliance and Amendments Committee meeting on October 13 to discuss compliance.
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9. |
09040 |
Determination of jurisdiction on the complaint filed by Hanna Leung & Lydia Fong against the Department of Human Services for allegedly withholding information.
Motion to accept jurisdiction ( Goldman / Knoebber )
Public Comment: None
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chan, Goldman, Williams, Chu, Knee
Excused: Washburn, Johnson
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10. |
09040 |
Hearing on the complaint filed by Hanna Leung & Lydia Fong against the Department of Human Services for allegedly withholding information.
Complainant Hanna Leung said she and her business partner have received substantial information from the Department of Human Services and believe that the agency is in compliance.
Respondent David Curto, Director of Contracts for the Department of Human Services said documents have been provided to the complainants because the procurement process was over.
Public Comment: None
No motion was made
Matter concluded. No further action.
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11. |
09046 |
Determination of jurisdiction on the complaint filed by Randall Evans against the Ella Hill Hutch Community Center for allegedly not providing documents under Chapter 12L.
Motion to accept jurisdiction ( Goldman / Knoebber )
Public Comment: None
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chu, Chan, Goldman, Williams, Knee
Excused: Washburn, Johnson
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12. |
09046 |
Hearing on complaint filed by Randall Evans against the Ella Hill Hutch Community Center for allegedly not providing documents under Chapter 12L.
Complainant Randall Evans said the Ella Hill Hutch Community Center has been in turmoil for several years. Part of his intention for the documents was to save the center from destruction, he said, because it was poorly run. The same goes for Mo’Magic and the African American Arts and Cultural Complex, he added. Tina Collins, a community activist, said she brought a number of children to the meeting because she wanted them to see that there was a board with oversight authority and there is recourse. She said when the center was in difficulty a few years ago there was talk of a new beginning but that has not occurred. It was till rife with cronyism and nepotism, she added. Ace Washington said he is recording the meeting to show the community that there is a place where they can and will be heard. He also said the community needs to reform and the way to that is through accountability.
The respondent was not present nor was he or she represented.
In conclusion, Mr. Evans said he was considering hiring an attorney because the Task Force was clueless.
No motion was made.
Administrator to follow up and see who has contracts with the center and refer the matter to the October 13, 2009, Compliance and Amendments meeting.
Public Comment: None
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13. |
09049 |
Determination of jurisdiction filed by Randall Evans against Mo’Magic for allegedly not providing documents under Chapter 12L.
Withdrawn
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14. |
09049 |
Hearing on complaint filed by Randall Evans against Mo’Magic for allegedly not providing documents under Chapter 12L.
Withdrawn
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15. |
09050 |
Determination of jurisdiction filed by Randall Evans against African American Art and Culture Complex for allegedly not providing documents under Chapter 12L.
Motion to accept jurisdiction ( Goldman / Cauthen )
Judy Nemzoff of the Arts Commission said she was representing the African American Art and Culture Complex and that there was a restraining order involved in this matter.
Chair Knee said that would be taken into consideration when the merits are discussed.
Public Comment: None.
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chan, Goldman, Williams, Chu, Knee
Excused: Washburn, Johnson
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16. |
09050 |
Hearing on complaint filed by Randall Evans against African American Art and Culture Complex for allegedly not providing documents under Chapter 12L.
Complainant Randall Evans said he has visited several organizations and told them that he would be making a Sunshine request for information to see that they not duplicate and undermine each other. He said the country has a black president but there was no black leader in San Francisco to lead the way. Chair Knee cautioned Mr. Randall to focus his presentation on the complaint. Mr. Randall said he was seeking information so the community can understand how the system works. Ray Hartz said the respondent was allowed to talk for several minutes without interruption and yet Mr. Randall was not given the opportunity. He also said Mr. Randall should not have been interrupted because he has his three minutes and can say anything he wants. Ace Washington said he was appalled by that the African American Art and Culture Complex was being represented by the Arts Commission and not themselves. He wanted to know if the executive director believed she was above the law because she was appointed by former Mayor Willie Brown. Filing a restraining order against a community activist is akin to filing a restraining order against the entire community, he said. Daniel Solberg, pastor of St. Paulus Church, said Mr. Evans made a simple request for information. By not responding the organization is showing complete arrogance, he said. Charles Pitts said when he was at the Ella Hill Hutch Center, the organization ran the shelter very badly. He alleged that clients were threatened with gang violence. By not showing up is a show of disrespect to the community and the Task Force, he said. Tina Collins said she was an activist in the Western Addition and wanted to know what programs were available for local youths as she has to go outside the community to get help. Adrian Williams said she has an after-school program without outside funding. Public monies are being given to the non-profits and the cash is not filtering down to those who need it the most, she said. The people have the right to know how the public funds are being used, she added.
Judy Nemzoff, a program director at the Arts Commission, said she was asked to represent the respondent. There are two issues that complicate this matter, she said. The first was that the original information for request was sent to the wrong agency and the second was the issue of the restraining order. She also said the City Attorney’s Office has asked her to work with the organization to provide information requested by Mr. Evans.
Following a discussion with Member Cauthen, Ms. Nemzoff said she would work with the City Attorney’s Office and get the requested documents.
Member Craven-Green suggested that since the Task Force now has a commitment by the City to produce the documents, the matter be referred to the October 13, Compliance and Amendments Committee for compliance.
Motion to find the African American Art and Culture Complex in violation of Sec. 67.21 for untimely production. It is also noted is that the Arts Commission has agreed to provide the documents as soon as possible. ( Cauthen / Chan )
Member Craven-Green reminded the Task Force that the 12L process has not been exhausted.
Public Comment: Louis Dillon said information is only guaranteed when it is obtained through the correct process. Getting frustrated over not getting what one wants in the manner he or she wants is not the way to go, he said. The process may be convoluted, but there is a process, he added.
In rebuttal, Ms. Nemzoff assured the Task Force that she would be happy to work with the City Attorney’s Office and provide the documents. Mr. Evans said he made sure that Rev. Solberg signed the letter and Mr. Washington took it to London Breed. He said regardless of the restraining order, he is innocent unless proven guilty.
On the motion:
Ayes: Cauthen, Chan, Goldman, Williams
Noes: Craven-Green, Knoebber, Chu, Knee
Excused: Washburn, Johnson
Matter forwarded to October 13, 2009, Compliance and Amendments Committee.
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17. |
09052 |
Determination of jurisdiction filed by Charles Pitts against the Shelter Monitoring Committee for allegedly not allowing public comment on an item at a recent meeting.
Motion to find jurisdiction ( Goldman / Cauthen )
Public Comment: None
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chan, Goldman, Williams, Chu, Knee
Excused: Washburn, Johnson
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18. |
09052 |
Hearing on complaint filed by Charles Pitts against the Shelter Monitoring Committee for allegedly not allowing public comment on an item at a recent meeting.
Complainant Charles Pitts played an audio recording of the meeting to explain what was said when Item IV (a) came up during the September 2, 2009, Shelter Monitoring Committee meeting.
Respondent Bernice Casey said she is the policy analyst for the Shelter Monitoring Committee said after interviewing two committee members and two staff members she acknowledged that Mr. Pitts was denied the opportunity to give public comment. In a letter to Mr. Pitts she apologized to him on behalf of the Shelter Monitoring Committee. She said she has since sent an email to all committee members urging them to view the Sunshine and Ethics training video provided by the City Attorney’s Office. They could also use the office computers for their training, she said. They have also been urged to take the test and review it with DCA Jennifer Williams before the start of the October 2 meeting. The committee has also a new chair and vice-chair and she has gone over the Good Government Guide with the two new officers, she said.
Member Cauthen said the Education, Outreach and Training Committee would be pleased to visit the office and make a Sunshine presentation if requested.
Public Comment: None
Ms. Casey did not rebut. Mr. Pitts said he has no faith the Shelter Monitoring Committee would improve. They would come before the Task Force, he said, and say one thing and do something else once they are outside. Mr. Pitts said Quintin Mecke, a community activist, had troubling following Sunshine. The new elected chair does not understand the concepts and rules of the Sunshine Ordinance , he added.
Motion to find the Shelter Monitoring Committee in violation of Sec. 67.15 ( d ) and the matter to be forwarded to the Education, Outreach and Training Committee. ( Knee / Goldman )
Member Craven-Green made a friendly amendment that said the Shelter Monitoring Committee admitted their violation and has agreed to take further training and has agreed to follow up with the training. It was accepted.
On the motion:
Ayes: Craven-Green, Cauthen, Knoebber, Chan, Goldman, Williams, Chu, Knee
Excused: Washburn, Johnson
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19. |
09053 |
Determination of jurisdiction filed by Louis Dillon against the Department of Recreation and Park for alleged deception.
Continued. Without objection
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20. |
09053 |
Hearing on complaint filed by Louis Dillon against the Department of Recreation and Park for alleged deception.
Continued. Without objection
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21. |
09056 |
Determination of jurisdiction filed by Peter Warfield against the Clerk of the Board for alleged unlawful and unjustified redaction.
Continued. Without objection
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22. |
09056 |
Hearing on complaint filed by Peter Warfield against the Clerk of the Board for alleged unlawful and unjustified redaction.
Continued. Without objection
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23. |
09057 |
Determination of jurisdiction filed by Peter Warfield against the Clerk of the Board for alleged unlawful and unjustified redaction of a committee’s contact information.
Continued. Without objection
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24. |
09057 |
Hearing on complaint filed by Peter Warfield against the Clerk of the Board for alleged unlawful and unjustified redaction of a committee’s contact information.
Continued. Without objection
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25. |
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Report: Compliance and Amendments Committee: meeting of September 8, 2009. (Erica Craven-Green)
Committee Chair Erica Craven-Green made the report.
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26. |
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Report: Education, Outreach and Training Committee meeting of September 10, 2009. (Sue Cauthen)
Committee Chair Sue Cauthen, Member Williams and Member Chan jointly made the report.
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27. |
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Administrator’s Report.
Mr. Rustom made the report.
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28. |
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Public comment for items not listed on the agenda. Ray Hartz said he was entering his third year in dealing with various City departments on open government and has noticed that City officials do not want to have an honest conversation with the public. Randall Evans presented his opinion of the Task Force and his community. Ace Washington said community activists have been seeking transparency for a number of years and the moment was arriving soon. The non-transparency that has being going on for a number of years has to come to a stop, he said, for the sake of the children and their children because a small singular group wields a lot of power over a large number of people. Robert Garcia, president of Save Our Streets, Tenants and Merchants Association, said 75 percent of the clubs in San Francisco are in his neighborhood and four more are planned. The Entertainment Commission, he said, is withholding information and is not posting the notice properly. He then showed some photos of the postings. He said he is filing a complaint and sought the Task Force’s intervention. A male speaker said he was a member of Citizens for Neighborhood Planning. He too had difficulty in getting information from the Entertainment Commission which was the subject of a Grand Jury investigation several years ago, he said. Nobody knows how many permits the Entertainment Commission is issuing, he said. Openness was needed so that San Francisco residents could discuss the issue in the open, he added. Peter Warfield said he was disappointed that his complaints against the Public Library and the Board of Appeals were not on the agenda.
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29. |
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Announcements, comments, questions, and future agenda items from the Task Force: None
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Adjournment: The meeting was adjourned at 8:58 p.m. |
This meeting has been audio recorded and is on file in the Office of the Sunshine Ordinance Task Force |