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January 08, 2008


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SUNSHINE ORDINANCE TASK FORCE
SPECIAL MEETING
AGENDA

Tuesday, January 8, 2008
4:00 p.m., City Hall, Room 406

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.

07056

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) (15 min) (attachment)

2.

07061 & 07062

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) (15 min) (attachment)

3.

06034

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)

4.

07071

Request for reconsideration of the October 23, 2007 Order of Determination from Dee Modglin against the Mayor's Office of Housing based on new evidence. (action item) (20 min) (attachment)

The Sunshine Ordinance Task Force Complaint Committee is Sitting as a Committee of the Whole for Item #5 to #9 to Determine Jurisdiction only.

5.

07093

Determination of jurisdiction of complaint filed by Patrick Monk against Supervisor Sophie Maxwell for alleged violation of Section 67.15 (e) of the Ordinance for delaying public comment on an item at the October 29, 2007, Land Use and Economic Development Committee. (action item) (20 min) (attachment)

6.

07094

Determination of jurisdiction of complaint filed by Kimo Crossman against the City Attorney's Office for alleged violation of Sections 67.21 (b) and (l) and 67.21-1 of the Sunshine Ordinance for failure to respond to a request for records, failure to provide records, and failure to post the Department Heads calendar on the website. (action item) (20 min) (attachment)

7.

07095

Determination of jurisdiction of complaint filed by Kimo Crossman against the City Attorney's Office for alleged violation of Sections 67.21 (b) and (l) and 67.21-1 of the Sunshine Ordinance for failure to provide detailed billing records. (action item) (20 min) (attachment)

8.

07096

Determination of jurisdiction of complaint filed by Kimo Crossman against the Mayor' Office for alleged violation of Sections 67.21 (b) and (l) and 67.21-1 of the Sunshine Ordinance for failure to respond to a request for records, failure to provide records, and failure to post the Department Heads calendar on the website. (action item) (20 min) (attachment)

9.

07097

Determination of jurisdiction of complaint filed by Steve Lawrence against the Public Utilities Commission for alleged violation of Sections 67.21 (a) and (d) of the Sunshine Ordinance for failure to respond to a request for records and failure to provide requested records (action item) (20 min) (attachment)

10.

Report from the Complaint Committee meeting of December 11, 2007. (Sue Cauthen)

a.

07082

Determination of jurisdiction of complaint filed by Wayne Lanier against the Department of Telecommunications and Information Services for violation of Sections 67.21 (b), (c), 67.25 (b), and 67.29-7 (a) of the Sunshine Ordinance for alleged failure to provide records, failure to justify withholding, untimely response, and failure to maintain and preserve records. (action item)

b.

07085

Determination of jurisdiction of complaint filed by Mr. Alvin against the Grants for the Arts for alleged failure to provided requested records and information. (action item) (attachment)

c.

07087

Determination of jurisdiction of complaint filed by Allen Grossman against the Mayor's Office for alleged failure to respond to a Immediate Disclosure Request submitted on October 2, 2007, and repeated on October 19, 2007. (action item)

d.

07088

Determination of jurisdiction of complaint filed by Kimo Crossman against the Assessor's Office for alleged violation of Sections 67.1, 67.4 (a), 67.21 (a) and (b), 67.25 (a) and (d), 67.26, 67.27, and 67.34 of the Sunshine Ordinance, Government Code Sections 6253 (a) and (c), 6255 (a), and Constitution Article I, Section 3, for failure to provide requested records, untimely response, failure to provide passive meeting notice, invalid invocation of voluminous documents extension, failure to incrementally deliver records, willful failure and official misconduct. (action item)

e.

07089

Determination of jurisdiction of complaint filed by Kimo Crossman against the District Attorney's Office for alleged violation of Sections 67.1, 67.4 (a), 67.21 (a), (b), (i), (k) and (l), 67.21-1, 67.25 (d), 67.26, 67.27, 67.29-7 (a) and 67.34 of the Sunshine Ordinance, Government Code Sections 6253 (a) and (c), 6255 (a), and Constitution Article I, Section 3, for failure to provide requested records, untimely response, invalid redactions, and invalid exemption for Attorney Client communications. (action item).

f.

07090

Determination of jurisdiction of complaint filed by Kimo Crossman against the Municipal Transportation Agency and Commission for alleged violation of Sections 67.1, 67.24 (a)(2) and (e)(3)(iii), and 67.21 (b) of the Sunshine Ordinance for failure to provide records for review in a timely manner, invalid invocation of an extension for records access, and failure to provide a summary of verbal positions. (action item)

g.

07091

Determination of jurisdiction of complaint filed by Dr. Ahimsa Porter Sumchai against Supervisor Sophie Maxwell for allegedly delaying public comment on an item at the October 29, 2007, Land Use and Economic Development Committee. (action item)

h.

07092

Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the Board of Supervisors and Human Resources Department for alleged violation of Sections 67.10, 67.8 (a)(5) of the Sunshine Ordinance and Government Code Section 54957.6 (a) for improperly holding a closed session. (action item)

11.

07069

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)

12.

07082

Public Hearing, complaint filed by Wayne Lanier against the Department of Telecommunications and Information Services for violation of Sections 67.21 (b), (c), 67.25 (b), and 67.29-7 (a) of the Sunshine Ordinance for alleged failure to provide records, failure to justify withholding, untimely response, and failure to maintain and preserve records. (action item) (30 min) (attachment)

13.

07085

Public Hearing, complaint filed by Mr. Alvin against the Grants for the Arts for alleged failure to provided requested records and information. (action item) (30 min) (attachment)

14.

07087

Public Hearing, complaint filed by Allen Grossman against the Mayor's Office for alleged failure to respond to a Immediate Disclosure Request submitted on October 2, 2007, and repeated on October 19, 2007. (action item) (30 min) (attachment)

15.

07088

Public Hearing, complaint filed by Kimo Crossman against the Assessor's Office for alleged violation of Sections 67.1, 67.4 (a), 67.21 (a) and (b), 67.25 (a) and (d), 67.26, 67.27, and 67.34 of the Sunshine Ordinance, Government Code Sections 6253 (a) and (c), 6255 (a), and Constitution Article I, Section 3, for failure to provide requested records, untimely response, failure to provide passive meeting notice, invalid invocation of voluminous documents extension, failure to incrementally deliver records, willful failure and official misconduct. (action item) (30 min) (attachment)

16.

07089

Public Hearing, complaint filed by Kimo Crossman against the District Attorney's Office for alleged violation of Sections 67.1, 67.4 (a), 67.21 (a), (b), (i), (k) and (l), 67.21-1, 67.25 (d), 67.26, 67.27, 67.29-7 (a) and 67.34 of the Sunshine Ordinance, Government Code Sections 6253 (a) and (c), 6255 (a), and Constitution Article I, Section 3, for failure to provide requested records, untimely response, invalid redactions, and invalid exemption for Attorney Client communications. (action item) (30 min) (attachment)

17.

07090

Public Hearing, complaint filed by Kimo Crossman against the Municipal Transportation Agency and Commission for alleged violation of Sections 67.1, 67.24 (a)(2) and (e)(3)(iii), and 67.21 (b) of the Sunshine Ordinance for failure to provide records for review in a timely manner, invalid invocation of an extension for records access, and failure to provide a summary of verbal positions. (action item) (30 min) (attachment)

18.

07091

Public Hearing, complaint filed by Dr. Ahimsa Porter Sumchai against Supervisor Sophie Maxwell for allegedly delaying public comment on an item at the October 29, 2007, Land Use and Economic Development Committee. (action item) (30 min) (attachment)

19.

07092

Public Hearing, of complaint filed by Patrick Monette-Shaw against the Board of Supervisors and Human Resources Department for alleged violation of Sections 67.10, 67.8 (a)(5) of the Sunshine Ordinance and Government Code Section 54957.6 (a) for improperly holding a closed session. (action item) (30 min) (attachment)

20.

Report: Compliance and Amendments Committee: meeting of December 12, 2007. (Richard Knee). (discussion and possible action) (10 min) (attachment)

21.

07057

The Compliance and Amendments Committee has referred to the Task Force, for further consideration, their recommendation that Supervisor Aaron Peskin be found in official 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 August 28, 2007; that referral, based on that finding, to the Ethics Commission, District Attorney, Board of Supervisor, and the Attorney General be considered. (action item) (20 min) (attachment)

22.

07077

The Compliance and Amendments Committee has referred to the Task Force, for further consideration, their recommendation that the Office of the District Attorney be found in official 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 November 27, 2007; that referral, based on that finding, to the Ethics Commission, Board of Supervisor, and the Attorney General be considered. (action item) (20 min) (attachment)

23.

a.

b.

Approval of minutes of November 26, 2007 special meeting. (action item) (5 min) (attachment)

Approval of minutes of November 27, 2007 regular meeting. (action item) (5 min) (attachment)

24.

Discussion regarding when should public comment be taken on an item. (discussion and possible action) (10 minutes) (no attachment)

25.

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

26.

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)

27.

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

Adjournment

Next Meeting January 22, 2008


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