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March 25, 2008


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SUNSHINE ORDINANCE TASK FORCE
AGENDA

Tuesday, March 25, 2008
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.

Approval of minutes of February 26, 2008, meeting. (action item) (5 min) (attachment)

2.

Continued: Supervisor of Records (SOR) Report (Paula Jesson) (discussion and possible action) (10 min) (attachment)

3.

Discussion re: AB 1978 (discussion and possible action item) (10 min) (attachment)

4.

Report from the Complaint Committee meeting of December 11, 2007, and February 12, 2008. (Sue Cauthen) (15 min) (attachment)

a.

Complaint Committee's recommended revisions to the Complaint Procedures. (action item) (10 min) (attachment)

b.

08011

Determination of jurisdiction of complaint filed by David Waggoner against the Ethics Commission for alleged failure to provide the requested records of the Tony Hall investigation. (action item)

5.

08004, 08005 & 08007

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)

6.

08006

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)

7.

08011

Public Hearing, complaint filed by David Waggoner against the Ethics Commission for alleged failure to provide the requested records of the Tony Hall investigation. (action item) (20 min) (attachment)

8.

08013

Determination of jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged incorrect redaction of email addresses. (action item)

a.

Public Hearing, complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged incorrect redaction of email addresses. (action item) (20 min) (attachment)

9.

08015

Determination of jurisdiction of complaint filed by Deniz Bolbol against the San Francisco Zoological Society for alleged failure to provide requested records. (action item)

a.

Public Hearing, complaint filed by Deniz Bolbol against the San Francisco Zoological Society for alleged failure to provide requested records. (action item) (20 min) (attachment)

10.

Report: Compliance and Amendments Committee: meeting of March 12, 2008. (Richard Knee) (discussion and possible action) (5 min) (attachment)

11.

07080a

The Compliance and Amendments Committee has referred to the Task Force, for further consideration, their recommendation that the Fire Department be found for violation of the Sunshine Ordinance for failure to produce all requested records, 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 Board of Supervisors for investigation and potential enforcement be considered. (action item) (15 minutes) (attachment)

12.

07080b & 07080c

The Compliance and Amendments Committee has referred to the Task Force, for further consideration, their recommendation that the Fire Department be found in violation of the Sunshine Ordinance for failure to provide all necessary information that is releasable from the calendar, 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 Board of Supervisors for investigation and potential enforcement be considered. (action item) (15 minutes) (attachment)

13.

07087

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 failure for failure to comply with the Sunshine Ordinance, and failure to comply with the Order of Determination issued by the full Task Force on January 8, 2008; that referral, based on that finding, to the Ethics Commission for enforcement be considered. (action item) (15 minutes) (attachment)

14.

07094

The Compliance and Amendments Committee has referred to the Task Force, for further consideration, their recommendation that the City Attorney's Office be found in willful failure to comply with the Sunshine Ordinance, and failure to keep withholding to a minimum and to provide the requested daily calendar in compliance with the Order of Determination issued by the full Task Force on February 26, 2008; that referral, based on that finding, to the Ethics Commission for enforcement be considered. (action item) (15 minutes) (attachment)

15.

Discussion regarding the Rules Committees proposed amendments to the hearing procedures of the Sunshine Ordinance Task Force. (discussion and possible action) (15 min) (attachment)

16.

Continued discussion regarding the Task Forces draft 2006/2007 Annual Report. (discussion and possible action) (10 min) (attachment)

17.

Discussion re: Departments seeking City Attorney's opinion. (discussion and possible action item) (10 min) (no attachment)

18.

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

19.

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)

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

Adjournment

Next Meeting April 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