SUNSHINE ORDINANCE TASK FORCE
AGENDA
Tuesday, April 24, 2007
4:00 p.m., City Hall, Room 408
Task Force Members
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Seat 1
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Erica Craven (Vice Chair)
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Seat 8
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Bruce Wolfe
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Seat 2
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Richard Knee
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Seat 9
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Hanley Chan
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Seat 3
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Sue Cauthen
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Seat 10
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Nick Goldman
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Seat 4
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Vacant
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Seat 11
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Marjorie Ann Williams
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Seat 5
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Kristin Chu
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Seat 6
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Doug Comstock (Chair)
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Ex-officio
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Gloria Young
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Seat 7
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David Pilpel
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Ex-officio
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Vacant
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Note: Each item on the Agenda may include minutes, department or agency letters and reports; Task Force reports; and public correspondence. These items will be available for review at City Hall, Sunshine Ordinance Task Force, Room 244.
Call to Order:
Roll Call:
Agenda Changes
| 1. |
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Approval of minutes of March 27, 2007. (action item) (5 min) (attachment)
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| 2. |
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Approval of minutes of April 10, 2007 Special Meeting. (action item) (5 min) (attachment)
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| 3. |
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Report: Rules Committee: Meeting of April 12, 2007. (Bruce Wolfe). (discussion and possible action) (5 min) (attachment)
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| 4. |
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Motion adding Sub-Section B. 8. (a) and (b) to the Task Forces Complaint Procedures: (a) A complainant may waive the 45 day rule and a postponement shall be allowed. Should the complainant again wish to postpone, it shall be by a simple majority vote of the members present.
(b) A respondent may request a postponement but it shall be approved upon the simple majority vote of the members present. (discussion and possible action) (15 min) (attachment)
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| 5. |
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Motion amending Section 7 of the Task Force's By Laws as follows [Strikethroughs = deletions; Underlines = additions]:
Section 7. Action at a Meeting; Quorum and Required Vote
The presence of a majority of the members (six members) of the Task Force shall constitute a quorum for all purposes. The affirmative vote of a majority of the members of the Task Force (six votes) present shall be required for the approval of all substantive matters. Procedural motions require an affirmative vote of a majority of the members present. If a quorum is not present, no official action may be taken, except roll call and adjournment. (discussion and possible action) (15 min) (attachment)
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| 6. |
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Report from Complaint Committee meeting of March 13, 2007, and April 10, 2007. (Sue Cauthen) (action item) (10 min) (attachment)
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07011
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Sheriff's Office for alleged failure to provide video records requested. (action item)
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07016
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Determination of jurisdiction of complaint filed by Ming Lee against Mary Elizabeth Inn and the Department on the Status of Women for alleged failure to respond in a timely manner, failure to allow inspection of documents and incomplete production of documents in violation of Section 12L of the City Administrative Code. (action item)
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07018
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Determination of jurisdiction of complaint filed by Peter Warfield, on behalf of the Library Users Association, against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for allegedly overcharging for agenda packets. (action item)
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07019
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Determination of jurisdiction of complaint filed by Andrew Sisneros against the Municipal Transportation Agency-Muni Kirkland Division for alleged failure to allow inspection of his personnel file, and untimely response. (action item)
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07020
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Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged failure to post meeting notices and minutes, and denial of request to be added to their e-mail distribution list for agenda notices. (action item)
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07021
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged refusal to provide public records in original electronic format on the City web site. (action item)
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07022
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Determination of jurisdiction of complaint filed by Kimo Crossman against the City Attorney's Office for alleged failure to provide the supplemental report for the 2006 Supervisor of Records Report. (action item)
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07023
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide a complaint log as directed by the Task Force and failure to provide e-mails related to position in Earthlink negotiations. (action item)
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07024
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Determination of jurisdiction of complaint filed by Peter Warfield, on behalf of the Library Users Association, against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged violation of Section 67.21 (c) for late, incomplete, and possibly no response to a request for assistance. (action item)
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| 7. |
07015
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Ming Lee requests that the full Task Force consider her appeal from the Complaint Committees failure to find jurisdiction. (action item) (10 min) (attachment)
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| 8. |
07011
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Public Hearing, complaint filed by Kimo Crossman against the Sheriff's Office for alleged failure to provide video records requested. (action item) (30 min) (attachment)
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| 9. |
07013
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Public Hearing, complaint filed by Adam Aufdencamp against the Mayor's Office of Communications for alleged failure to respond to an Immediate Disclosure Request. (action item) (30 min) (attachment)
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| 10. |
07016
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Public Hearing, complaint filed by Ming Lee against Mary Elizabeth Inn and the Department on the Status of Women for alleged failure to respond in a timely manner, failure to allow inspection of documents and incomplete production of documents in violation of Section 12L of the City Administrative Code. (action item) (30 min) (attachment)
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| 11. |
07018
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Public Hearing, complaint filed by Peter Warfield, on behalf of the Library Users Association, against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for allegedly overcharging for agenda packets. (action item) (30 min) (attachment)
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| 12. |
07019
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Public Hearing, complaint filed by Andrew Sisneros against the Municipal Transportation Agency-Muni Kirkland Division for alleged failure to allow inspection of his personnel file, and untimely response. (action item) (30 min) (attachment)
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| 13. |
07020
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Public Hearing, complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged failure to post meeting notices and minutes, and denial of request to be added to their e-mail distribution list for agenda notices. (action item) (30 min) (attachment)
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| 14. |
07021
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Public Hearing, complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged refusal to provide public records in original electronic format on the City web site. (action item) (30 min) (attachment)
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| 15. |
07022
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Public Hearing, complaint filed by Kimo Crossman against the City Attorney's Office for alleged failure to provide the supplemental report for the 2006 Supervisor of Records Report. (action item) (30 min) (attachment)
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| 16. |
07023
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Public Hearing, complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide a complaint log as directed by the Task Force and failure to provide e-mails related to position in Earthlink negotiations. (action item) (30 min) (attachment)
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| 17. |
07024
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Public Hearing, complaint filed by Peter Warfield, on behalf of the Library Users Association, against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged violation of Section 67.21 (c) for late, incomplete, and possibly no response to a request for assistance. (action item) (30 min) (attachment)
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| 18. |
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Report: Compliance and Amendments Committee: meeting of April 11, 2007. (Richard Knee). (discussion and possible action) (5 min) (attachment)
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| 19. |
07005 & 07007
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The Compliance and Amendments Committee has referred to the Task Force the Determination of whether the Department of Telecommunications and Information Services have fully complied with the Order of Determination of February 27, 2007. (discussion and possible action) (15 min) (attachment)
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| 20. |
07002a
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The Compliance and Amendments Committee has referred to the Task Force for further consideration their 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)
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| 21. |
07002b
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The Compliance and Amendments Committee has referred to the Task Force the for further consideration their 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.
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| 22. |
07008
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The Compliance and Amendments Committee has referred to the Task Force the for further consideration their 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.
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| 23. |
07009
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The Compliance and Amendments Committee has referred to the Task Force for further consideration their 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.
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| 24. |
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Scheduling: Special Meeting of the Task Force to consider amendments referred from the Compliance and Amendments Committee ยง67.3, 67.7 through 67.15 (action item) (no attachment)
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| 25. |
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Administrator's Report. (discussion) (5 minutes) (attachment)
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| 26. |
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Public comment for items not listed on the agenda. Public comment to be held at 5:00 p.m., or as soon thereafter as possible. (no action item) (12 min)
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| 27. |
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Announcements, questions, and future agenda items from the Task Force. (no action item) (5 min) (no attachment)
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Adjournment
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Next Meeting May 22, 2007
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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))
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1.
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Complainant presents his/her facts and evidence
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5 minutes
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Other parties present facts and evidence
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Up to 3 minutes each
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2.
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City responds
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5 minutes
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Other parties of City respond
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Up to 3 minutes each
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Above total speaking time for Complainant and City to be the same
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3.
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Complainant presents rebuttal
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3 minutes
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4.
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Public comment
(Excluding Complainant & City response, witnesses)
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Up to 3 minutes each
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5.
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Matter is with the Task Force for discussion and deliberation
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6.
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Vote by Task Force
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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 Frank Darby by mail to Administrator, 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 Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, http://www.sfgov.org/sunshine/
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); web site: sfgov.org/ethics.
April 24, 2007
TO: Sunshine Ordinance Task Force
FM: Sue Cauthen for the Complaint Committee
RE: Information for Orders of Determination
Because of the large number of complaints this month, we are providing a list of relevant SO code sections only. Any records the TF orders produced should be provided in 5 days.
LEGEND: SO=Sunshine Ordinance; IDR=Immediate Disclosure Request; TF=Task Force; 12L=Section 12L of the Administrative Code
I. (07011) CROSSMAN v. SHERIFF'S OFFICE
SO: 67.1 (produce records); 67.25 (IDR); 67.27 (justify withholding)
II. (07016) LEE v. MARY ELIZABETH INN and DEPARTMENT ON THE STATUS OF WOMEN
SO: 67.21 produce records; 67.25 IDR; 12L.5(a) public non-profit records
III. (07018) WARFIELD v. TF ADMINISTRATOR and CLERK OF BOS
SO: 67.9e, 67.28 copy fees
IV. (07019) SISNEROS v. MTA-MUNI KIRKLAND DIVISION
SO: 67.21 produce records; 67.25 IDR; 67.27 justify withholding
V. (07020) MONETTE-SHAW v. DEPARTMENT OF PUBLIC HEALTH
SO: 67.3 definitions: passive, policy bodies; 67.4 passive meetings; 67.5 policy meetings; 67.6e operations of passive meeting bodies; 67.7 agenda requirements; 67.9(a) document review @ meetings; 67.21 produce records; 67.25 IDR
VI. (07021) CROSSMAN v. TF ADMINISTRATOR and CLERK OF BOS
SO: 67.21 produce records, including electronic records; 67.21-1 buy Sunshine-friendly computer systems
VII. (07022) CROSSMAN v. CITY ATTORNEY'S OFFICE
SO: 67.21h CAO annual report; 67.21-1 buy Sunshine-friendly computer systems; 67.26 minimum withholding; 67.27 justify withholding
VIII. (07023) CROSSMAN v. DTIS
SO: 67.21 produce documents; 67.25 IDR
IX. (07024) WARFIELD v. TF ADMINISTRATOR and CLERK OF BOS
SO: 67.21(b,c) response time; identify records
Item#7
(07015) LEE v. LA CASA DE LAS MADRES and DEPARTMENT OF THE STATUS OF WOMEN
SO: 67.21 produce records; 67.25 IDR; 12L.5(a) public non-profit records
Item #9
(07013) AUFDENKAMP v. MAYOR'S OFFICE
SO: 67.21 produce records; 67.25 IDR; 67.27 justify withholding