SUNSHINE ORDINANCE TASK FORCE
AGENDA
Tuesday, April 22, 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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Continued approval of minutes of February 26, 2008, meeting. (action item) (5 min) (attachment)
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2.
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Approval of minutes of March 25, 2008, meeting. (action item) (5 min) (attachment)
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3.
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Discussion re: Proposed language for the Statement of Incompatible Activities. (discussion and possible action) (15 min) (attachment)
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4.
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Report from the Complaint Committee meeting of April 8, 2008. (Sue Cauthen) (10 min) (attachment)
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a.
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Complaint Committee's revised Mission and Work Plan. |
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5.
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07092
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Hearing to consider the appeal filed by Patrick Monette-Shaw of the February 26, 2008, Order of Determination issued by the Task Force against the Board of Supervisors and Human Resources Department. (action item) (20 min) (attachment)
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6.
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08017
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged violation of the Sunshine Ordinance for providing "bulk" e-mails rather than individual e-mails as requested. (action item)
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a.
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Public Hearing, complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged violation of the Sunshine Ordinance for providing "bulk" e-mails rather than individual e-mails as requested. (action item) (20 min) (attachment)
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7.
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08018
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged violation of the Sunshine Ordinance for failure to scan, e-mail, fax and or post requested records on the SOTF website. (action item)
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a.
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Public Hearing, complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged violation of the Sunshine Ordinance for failure to scan, e-mail, fax and or post requested records on the SOTF website. (action item) (20 min) (attachment)
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8.
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08019
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Clerk of the Board of Supervisors, Sunshine Ordinance Task Force Administrator and Department of Telecommunications and Information Services for alleged violation of the Sunshine Ordinance for failure to provide deleted e-mails. (action item)
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a.
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Public Hearing, complaint filed by Kimo Crossman against the Clerk of the Board of Supervisors, Sunshine Ordinance Task Force Administrator and Department of Telecommunications and Information Services for alleged violation of the Sunshine Ordinance for failure to provide deleted e-mails. (action item) (20 min) (attachment)
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9.
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08020
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Determination of jurisdiction of complaint filed by Peter Witt against the Taxi Commission for alleged interrupting of public speaker, depriving public speaker equal speaking time, removal of public speaker from the meeting, deleting public testimony from the minutes, failure to allow time to set up, and discussing an non agendized matter. (action item)
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a.
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Public Hearing, complaint filed by Peter Witt against the Taxi Commission for alleged interrupting of public speaker, depriving public speaker equal speaking time, removal of public speaker from the meeting, deleting public testimony from the minutes, failure to allow time to set up, and discussing an non agendized matter. (action item) (20 min) (attachment)
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10.
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Report: Compliance and Amendments Committee: meeting of April 9, 2008. (Richard Knee) (discussion and possible action) (5 min) (attachment)
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11.
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07088
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The Compliance and Amendments Committee (CAC) has referred to the Task Force, for further consideration, their recommendation that based on subsequent information that has been provided as required by the Order of Determination of January 8, 2008, the Assessor's Office has impermissibly redacted and/or withheld information from the Assessor's calendar, specifically the date and time of the meeting with the City Attorney's office and redacting and/or replacing City employees names with job titles. The CAC recommends that there be a hearing and a finding of a violation of ยง67.21 (b), and that at the discretion or decision of the full Task Force that the issue be returned for further proceedings to the CAC or if it appears from the department that their position has not changed that it be referred to the appropriate agency for enforcement. (action item) (15 min) (attachment)
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12.
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07096
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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 to comply with the Sunshine Ordinance for failure to keep withholding to a minimum, failure to provide the requested daily calendar, and failure to appear 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 and the Board of Supervisors for enforcement be considered. (action item) (15 min) (attachment)
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13.
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08004, 08005 & 08007
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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, for failure to produce records regarding communications between the City Attorney's Office and the District Attorney in compliance with the Order of Determination issued by the full Task Force on March 25, 2008; that referral, based on that finding, to the Ethics Commission for enforcement be considered. (action item) (15 min) (attachment)
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14.
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08006
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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, for improperly redacting [non] attorney-client privilege and work-product from the e-mails produced in compliance with the Order of Determination issued by the full Task Force on March 25, 2008; that referral, based on that finding, to the Ethics Commission for enforcement be considered. (action item) (15 min) (attachment)
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15.
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08013
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The Compliance and Amendments Committee has referred to the Task Force, for further consideration, their recommendation that the Sunshine Ordinance Task Force Administrator be found in willful failure to comply with the Sunshine Ordinance, and failure to keep withholding to a minimum and to provide the requested unredacted personal e-mail addresses in compliance with the Order of Determination issued by the full Task Force on March 25, 2008; that referral, based on that finding, to the Board of Supervisors for enforcement be considered. (action item) (15 min) (attachment)
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16.
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Discussion re: Departments seeking City Attorney's opinion. (discussion and possible action item) (10 min) (no attachment)
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17.
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Administrator's Report. (discussion) (5 min) (attachment)
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18.
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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) (12 min)
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19.
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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 May 27, 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 of Complainant 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 times 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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Matter is with the Task Force for discussion, motion and deliberation.
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5.
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Public comment (Excluding Complainant & City response, witnesses)
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Up to 3 minutes each
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6.
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Vote by Task Force (Public comment at discretion of chair on new motion and/or on new motion if vote fails.)
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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.