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October 23, 2007

SUNSHINE ORDINANCE TASK FORCE
AGENDA

Tuesday, October 23, 2007
4:00 p.m., City Hall, Room 408

Task Force Members

Seat 1

Erica Craven (Vice Chair)

Seat 8

Bruce Wolfe

Seat 2

Richard Knee

Seat 9

Hanley Chan

Seat 3

Sue Cauthen

Seat 10

Nick Goldman

Seat 4

Vacant

Seat 11

Marjorie Ann Williams

Seat 5

Kristin Chu

Seat 6

Doug Comstock (Chair)

Ex-officio

Angela Calvillo

Seat 7

David Pilpel

Ex-officio

Harrison Sheppard


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.

a.

b.

Approval of minutes of August 28, 2007. (action item) (5 min) (attachment)

Approval of minutes of September 25, 2007. (action item) (5 min) (attachment)

2.

Discussion re: 071051_Charter Amendment - Minimum qualifications for members of City bodies that oversee and administer election, campaign finance, lobbying, conflict of interest, open meeting and public records, sponsored by Supervisor Alioto-Pier. (discussion and possible action) (15 min) (attachment)

3.

Report from the Complaint Committee: Meeting as a committee of the whole. (Sue Cauthen)

a.

07060

Determination of jurisdiction of complaint filed by Alex Clark against the Public Utilities Commission for alleged failure to provide requested records, failure to provide written justification for withholding of the records, and untimely response. (action item)

b.

07063, 07064, and 07065

Determination of jurisdiction of complaint filed by Ray Hartz against the City Attorney for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance with identifying and obtaining public information from the San Francisco Police Department, refusal to release requested information, and refusal to acknowledge the Department's responsibility to comply with the Sunshine Ordinance. (action item)

c.

07067

Determination of jurisdiction of complaint filed by Jodi Watson against the Entertainment Commission for alleged failure to respond to an Immediate Disclosure request, and failure to provide requested records containing noise reports of Slim's nightclub from May through June 2007. (action item)

d.

07068

Determination of jurisdiction of complaint filed by Maxine Doogan against the District Attorney for alleged failure to provide requested records. (action item)

e.

07069

Determination of jurisdiction of complaint filed by Ray Hartz against the office of Supervisor Aaron Peskin for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance. (action item)

f.

07071

Determination of jurisdiction of complaint filed by Dee Modglin against the Mayor's Office of Housing for alleged incomplete and inaccurate release of information. (action item)

g.

07072

Determination of jurisdiction of complaint filed by Randell Evans against the Redevelopment Agency and Mayor's WACAC for alleged incomplete minutes by not identifying public speakers or summarizing their comments, failure to provide the agenda and packet although identified on their mailing list, and interrupting a speaker during public comment without deducting the interruption from the speakers time. (action item)

h.

07073

Determination of jurisdiction of complaint filed by Russell Albano against the Human Resources Department – Workers Compensation Division for alleged failure to respond to two public records requests, failure to provide records, and failure to provide justification for withholding. (action item)

i.

07074

Determination of jurisdiction of complaint filed by Russell Albano against the Fire Department for alleged failure to respond in a timely manner, failure to provide the records requested, and failure to provide justification for withholding. (action item)

4.

07038, 07043 & 07044

Continued: Public Hearing, complaint filed by Anonymous Person against the Entertainment Commission for alleged failure to provide requested records and to release information. (action item) (30 min) (attachment)

5.

07056

Continued: Public Hearing, complaint filed by Myrna Lim against the Ethics Commission for alleged violation of Sunshine Ordinance ยง67.21 for failure to provide requested records. (action item) (30 min) (attachment)

6.

07060

Public Hearing, complaint filed by Alex Clark against the Public Utilities Commission for alleged failure to provide requested records, failure to provide written justification for withholding of the records, and untimely response. (action item) (30 min) (attachment)

7.

07063, 07064, and 07065

Public Hearing, complaint filed by Ray Hartz against the City Attorney for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance with identifying and obtaining public information from the San Francisco Police Department, refusal to release requested information, and refusal to acknowledge the Department's responsibility to comply with the Sunshine Ordinance. (action item) (30 min) (attachment)

8.

07067

Public Hearing, complaint filed by Jodi Watson against the Entertainment Commission for alleged failure to respond to an Immediate Disclosure request, and failure to provide requested records containing noise reports of Slim's nightclub from May through June 2007. (action item) (30 min) (attachment)

9.

07068

Public Hearing, complaint filed by Maxine Doogan against the District Attorney for alleged failure to provide requested records. (action item) (30 min) (attachment)

10.

07069

Public Hearing, complaint filed by Ray Hartz against the office of Supervisor Aaron Peskin for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance. (action item) (30 min) (attachment)

11.

07071

Public Hearing, complaint filed by Dee Modglin against the Mayor's Office of Housing for alleged incomplete and inaccurate release of information. (action item) (30 min) (attachment)

12.

07072

Public Hearing, complaint filed by Randell Evans against the Redevelopment Agency and Mayor's WACAC for alleged incomplete minutes by not identifying public speakers or summarizing their comments, failure to provide the agenda and packet although identified on their mailing list, and interrupting a speaker during public comment without deducting the interruption from the speakers time. (action item) (30 min) (attachment)

13.

07073

Public Hearing, complaint filed by Russell Albano against the Human Resources Department – Workers Compensation Division for alleged failure to respond to two public records requests, and failure to provide records. (action item) (30 min) (attachment)

14.

07074

Public Hearing, complaint filed by Russell Albano against the Fire Department for alleged failure to respond in a timely manner, failure to provide the records requested, and failure to provide justification for withholding. (action item) (30 min) (attachment)

15.

Report: Compliance and Amendments Committee: meeting of October 10, 2007. (Richard Knee). (discussion and possible action) (10 min) (attachment)

16.

Chair's Report. (discussion) (10 minutes) (no attachment)

17.

Administrator's Report. (discussion) (5 minutes) (attachment)

18.

Discussion re: the memo from Member Harrison Sheppard. (discussion and possible action) (15 minutes) (attachment)

19.

Discussion re: the Task Force's draft 2006 Annual Report (discussion and possible action) (15 minutes) (attachment)

20.

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 item) (12 min)

21.

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

Adjournment

Next Meeting November 27, 2007


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 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 time for Complainant and City to be the same

3.

Complainant presents rebuttal

3 minutes

4.

Public comment

(Excluding Complainant & City response, witnesses)

Up to 3 minutes each

5.

Matter is with the Task Force for discussion and deliberation

6.

Vote by Task Force


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/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: 8/18/2009 1:57:03 PM