SUNSHINE ORDINANCE TASK FORCE
SPECIAL MEETING
MINUTES*
Tuesday, March 26, 2002
2:30 p.m., City Hall, Room 408
Task Force Members
Seat 1 Joshua Koltun Seat 8 Vacant
Seat 2 Bruce Brugmann Seat 9 Daniel Guillory
Seat 3 Vince Courtney Seat 10 Paul Hogan
Seat 4 Marie Harrison Seat 11 Marjorie Ann Williams
Seat 5 Heather Sterner Ex-officio Vacant
Seat 6 Hilda Bernstein Ex-officio Hala Hijazi
Seat 7 Ted Kowalczuk
Roll Call: Present: Koltun, Brugmann, Sterner, Bernstein, Kowalczuk, Guillory, Hogan, Williams. Absent: Courtney, Harrison
(First name after motion indicates initiator of motion; second name indicates seconder of motion. Motions unanimously passed unless noted.)
Chair Bernstein turned the meeting over to Vice-Chair Koltun, who is Chair of the Ad Hoc Committee on Proposed Amendments to Sunshine Ordinance.
1. Report from Ad Hoc Committee on Proposed Amendments to Sunshine Ordinance.
Vice-Chair Koltun reported on the last meeting of the Ad Hoc Committee on Proposed Amendments to Sunshine Ordinance, i.e., three areas discussed:
· What enforcement power the Task Force has
· What jurisdiction the Task Force has
· Manner in which electronic communication can be communicated between members in preparation for a meeting; violations of Brown Act
2. Discussion of general question of whether the Task Force has sufficient enforcement powers and/or whether it has been fully utilizing the powers it has. Discussion and possible action item on recommendations to Ad Hoc Committee.
Comments from Committee Members regarding lack of enforcement steps; departments not adhering to Orders of Determination in a timely manner; possibly the Task Force is not strict enough; possibly write stronger Orders of Determinations with time limits for compliance; has Task Force used powers they already have; possibly do more follow-up; document non-compliance of Orders of Determination; there is no internal enforcement; possibly refer non-compliance to Ethics Commission, District Attorney, Attorney General; Ad Hoc Committee keep open for any and all other amendments persons might have.
Deputy City Attorney to compile information regarding referrals to the Ethics Commission; enforcement powers with regard to compelling attendance at hearings; compelling production of documents.
Motion that the Task Force recommend to the Ad Hoc Committee they investigate and report back on the toughest possible procedures to use in enforcing the existing sunshine initiative and the procedures also be with regard to the earliest possible notification to both complainant and respondent and the consequences of those procedures. (Brugmann/Kowalczuk) Courtney, Harrison absent)
Public comment from Bob Planthold regarding Sunshine Ordinance Task Force Orders of Determinations-they could be stronger-and follow-up.
Public comment from Sue Cauthen regarding enforcement; Supervisors have power over departments’ budget; perhaps violations could be noted to Supervisors; something in ordinance for custodian to make good faith effort to produce; passive meeting bodies, basically advisory-do not have to give notice unless asked.
Public comment from Doug Comstock regarding fuller enforcement powers; originators assumed there would be fuller enforcement; Task Force not taken seriously
3. Public Comment. No public comment.
Meeting adjourned at 4:00 p.m.
Submitted by Donna L. Hall, Administrator
* The 3/26/02 Sunshine Ordinance Task Force Special Meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office.