SUNSHINE ORDINANCE TASK FORCE
AGENDA
Tuesday, November 27, 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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Angela Calvillo
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Seat 7
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David Pilpel
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Ex-officio
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Harrison Sheppard
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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
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1.
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Approval of minutes of October 23, 2007. (action item) (5 min) (attachment)
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2.
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Report from the Complaint Committee meeting of October 9, 2007 and November 13, 2007. (Sue Cauthen)
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a.
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07066
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Determination of jurisdiction of complaint filed by Charles Pitts against the Department of Human Services and the Central City Hospitality House for alleged failure to provide a complete copy of his personnel file. (action item)
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b.
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07075
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Determination of jurisdiction of complaint filed by Laura Carroll against the Mayor's Office of Housing for violation of Section 67.21 and 67.26 of the Sunshine Ordinance for alleged failure to provide documents, and failure to keep withholding to a minimum. (action item)
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c.
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07076
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Determination of jurisdiction of complaint filed by Charles Bolton against the Dept. of Public Works for violation of ยงยง 67.15, 67.24, 67.25, 67.27, 67.7-1 and 67.5 of the Ordinance for alleged failure to provide records, untimely response, failure to justify withholding, improper notice of the July 25, 2007 meeting, and failure to allow public comment at the September 5, 2007 meeting. (action item)
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d.
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07077
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Determination of jurisdiction of complaint filed by Allen Grossman against the Office of the District Attorney for violation of Sections 67.21 (b), 67.25 (a) of the Sunshine Ordinance, and CPRA Section 6253 (b) for alleged failure to respond to an immediate disclosure requested submitted on September 20, 2007. (action item)
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e.
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07078 & 07079
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Determination of jurisdiction of complaint filed by John Chapman against the Controllers Office and the Public Utilities Commission for alleged failure to provide requested records and failure to respond in a timely manner. (action item)
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f.
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07080
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Determination of jurisdiction of complaint filed by Dan Boreen against the Fire Department for violation of Sections 67.24-67.27; 67.29-5 of the Sunshine Ordinance, and CPRA Section 6254 for alleged failure to provide records, failure to keep withholding to a minimum, failure to justify withholding, and untimely response. (action item)
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g.
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07081
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Determination of jurisdiction of complaint filed by Hanley Chan against the Police Department for violation of Section 67.21 and 67.22 of the Sunshine Ordinance for alleged failure to provide records and oral information. (action item)
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3.
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07066
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Public Hearing, complaint filed by Charles Pitts against the Department of Human Services and the Central City Hospitality House for alleged failure to provide a complete copy of his personnel file. (action item) (30 min) (attachment)
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4.
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07069
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Continued: 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)
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5.
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07075
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Public Hearing, complaint filed by Laura Carroll against the Mayor's Office of Housing for violation of Section 67.21 and 67.26 of the Sunshine Ordinance for alleged failure to provide documents, and failure to keep withholding to a minimum. (action item) (30 min) (attachment)
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6.
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07076
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Public Hearing, complaint filed by Charles Bolton against the Department of Public Works for violation of Sections 67.15, 67.24, 67.25, 67.27, 67.7-1 and 67.5 of the Sunshine Ordinance for alleged failure to provide records, untimely response, justify withholding, improper notice of the July 25, 2007 meeting, and failure to allow public comment at the September 5, 2007 meeting. (action item) (30 min) (attachment)
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7.
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07077
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Public Hearing, complaint filed by Allen Grossman against the Office of the District Attorney for violation of Sections 67.21 (b), 67.25 (a) of the Sunshine Ordinance, and CPRA Section 6253 (b) for alleged failure to respond to an immediate disclosure requested submitted on September 20, 2007. (action item) (30 min) (attachment)
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8.
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07078 & 07079
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Public Hearing, complaint filed by John Chapman against the Controllers Office and the Public Utilities Commission for alleged failure to provide requested records and failure to respond in a timely manner. (action item) (30 min) (attachment)
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9.
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07080
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Public Hearing, complaint filed by Dan Boreen against the Fire Department for violation of Sections 67.24-67.27; 67.29-5 of the Sunshine Ordinance, and CPRA Section 6254 for alleged failure to provide records, failure to keep withholding to a minimum, failure to justify withholding, and untimely response. (action item) (30 min) (attachment)
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10.
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07081
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Public Hearing, complaint filed by Hanley Chan against the Police Department for violation of Section 67.21 and 67.22 of the Sunshine Ordinance for alleged failure to provide records and oral information. (action item) (30 min) (attachment)
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11.
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Report: Compliance and Amendments Committee: meeting of November 14, 2007. (Richard Knee). (discussion and possible action) (10 min) (attachment)
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12.
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07061 & 07062
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The Compliance and Amendments Committee has referred to the Task Force for further consideration, their recommendation that the San Francisco Library 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 September 25, 2007; that referral, based on that finding, be forwarded to the District Attorney, Attorney General, the Board of Supervisors, and Ethics Commission for enforcement be considered. (action item) (20 min) (attachment)
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13.
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07056
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The Compliance and Amendments Committee has referred to the Task Force the request for reconsideration of the October 23, 2007, Order of Determination based on new evidence, from the Ethics Commission, and the Committee's recommendation that the Ethics 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 October 23, 2007; that referral for enforcement, based on that finding, to the District Attorney, Attorney General, and the Board of Supervisors be considered. (action item) (20 min) (attachment)
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14.
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06034
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The Compliance and Amendments Committee has referred to the Task Force the request for reconsideration of the January 23, 2007 Order of Determination from Jason Grant Garza against the Department of Public Health and SF General Hospital based on new evidence. (action item) (20 min) (attachment)
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15.
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Discussion re: Canceling and/or rescheduling the December 25, 2007 Task Force meeting. (discussion) (10 minutes) (no attachment)
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16.
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Administrator's Report. (discussion) (5 minutes) (attachment)
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17.
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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)
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18.
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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 December 25, 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 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.