SUNSHINE ORDINANCE TASK FORCE
AGENDA
Tuesday, February 26, 2008
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 January 22, 2008. (action item) (5 min) (attachment)
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2.
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Supervisor of Records Report (Paula Jesson) (discussion and possible action) (10 min) (attachment)
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3.
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Report from the Complaint Committee meeting of December 11, 2007, and February 12, 2008. (Sue Cauthen) (20 min) (attachment)
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a.
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Complaint Committee recommendation for the Task Force. (discussion and possible action) (attachment)
- That Complaint Committee meetings take place only (a) when jurisdiction is contested; (b) there is a request for a pre-hearing conference to focus the complaint or otherwise assist the parties to the complaint; or (c) to perform other duties as needed.
- That the work of the Complaint Committee be done by the full Sunshine Task Force with the assistance of the Administrator and Task Force counsel.
- That the five-minute limit on individual member debate time be observed and equitably enforced at Task Force meetings.
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b.
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07092
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Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the Board of Supervisors (BOS) and Human Resources Department (DHR)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)
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c.
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08001
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Determination of jurisdiction of complaint filed by Kimo Crossman against the District Attorney's Office for alleged failure to provide the calendar of District Attorney Kamala Harris in electronic format and without charging a fee. (action item)
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d.
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08003
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Determination of jurisdiction of complaints filed by Christian Holmer against the Mayor's Office for alleged failure to provide records in response to Immediate Disclosure Requests for press releases the Mayor issued the previous day. (action item)
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e.
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08004, 08005 & 08007
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Determination of jurisdiction of complaint filed by Kimo Crossman against the City Attorney's Office for alleged failure to provide communications between the City Attorney and District Attorney, Harrison Sheppard, and Clerk of the Board of Supervisors on Sunshine matters, detailed billing records for this advice, and calendars of City Attorneys who provided advice. (action item)
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f.
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08006
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Determination of jurisdiction of complaint filed by Kimo Crossman against the City Attorney's Office for alleged failure to provide all materials related to the Buck Delventhal meeting of October 9, 2007, regarding Sunshine Task Force hearings against Supervisors Peskin and Maxwell, and failure to provide any materials or communications before or after the meeting relating to the matters discussed. (action item)
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g.
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08008
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Determination of jurisdiction of complaint filed by Stephen Worshey against the Recreation and Park Department for alleged failure to provide requested records, namely: Procedures used to select COIT Partner and areas of background investigation, findings on the partners, and complete review and acceptance signatures. (action item)
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4.
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07092
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Public Hearing, 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) (20 min) (attachment)
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5.
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07094
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Public Hearing, 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)
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6.
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07096
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Public Hearing, 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)
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7.
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08001
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Public Hearing, complaint filed by Kimo Crossman against the District Attorney's Office for alleged failure to provide the calendar of District Attorney Kamala Harris in electronic format and without charging a fee. (action item) (20 min) (attachment)
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8.
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08003
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Public Hearing, complaints filed by Christian Holmer against the Mayor's Office for alleged failure to provide records in response to Immediate Disclosure Requests for press releases the Mayor issued the previous day. (action item) (20 min) (attachment)
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9.
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08004, 08005 & 08007
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Public Hearing, complaint filed by Kimo Crossman against the City Attorney's Office for alleged failure to provide communications between the City Attorney and District Attorney, Harrison Sheppard, and Clerk of the Board of Supervisors on Sunshine matters, detailed billing records for this advice, and calendars of City Attorneys who provided advice. (action item) (20 min) (attachment)
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10.
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08006
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Public Hearing, complaint filed by Kimo Crossman against the City Attorney's Office for alleged failure to provide all materials related to the Buck Delventhal meeting of October 9, 2007, regarding Sunshine Task Force hearings against Supervisors Peskin and Maxwell, and failure to provide any materials or communications before or after the meeting relating to the matters discussed. (action item) (20 min) (attachment)
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11.
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08008
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Public Hearing, complaint filed by Stephen Worshey against the Recreation and Park Department for alleged failure to provide requested records, namely: Procedures used to select COIT Partner and areas of background investigation, findings on the partners, and complete review and acceptance signatures. (action item) (20 min) (attachment)
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12.
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Report: Ad hoc Budget Committee: meeting of February 11, 2008. (Bruce Wolfe) (discussion and possible action) (5 min) (attachment)
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a.
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Discussion re: The Sunshine Ordinance Task Force's proposed budget for the 2008-2009 Fiscal Year. (discussion and possible action) (10 min) (attachment)
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14.
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Report: Compliance and Amendments Committee: meeting of February 13, 2008. (Richard Knee) (discussion and possible action) (5 min) (attachment)
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15.
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Report: Rules Committee: meeting of February 14, 2008. (Bruce Wolfe) (discussion and possible action) (5 min) (attachment)
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16.
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Discussion re: the Task Forces draft 2006/2007 Annual Report. (discussion and possible action) (10 min) (attachment)
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17.
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Discussion regarding the Ethics Commissions presentation to the Compliance and Amendments Committee, and to propose follow-up questions. (discussion and possible action) (10 min) (attachment)
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18.
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Administrator's Report. (discussion) (5 minutes) (attachment)
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19.
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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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20.
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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 March 25, 2008
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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.