SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, March 26, 2002
4:00 p.m., City Hall, Room 408
Task Force Members
Seat 1 Joshua Koltun
Seat 2 Bruce Brugmann
Seat 3 Vince Courtney
Seat 4 Marie Harrison
Seat 5 Heather Sterner
Seat 6 Hilda Bernstein
Seat 7 Ted Kowalczuk
Seat 8 Vacant
Seat 9 Daniel Guillory
Seat 10 Paul Hogan
Seat 11 Marjorie Ann Williams
Ex-officio Vacant
Ex-officio Hala Hijazi
(All motions adopted unanimously except as noted. First name indicates initiator
of motion; second name indicates seconder of motion.)
Called to order at 4:00 p.m.
Roll Call: Present: Koltun, Brugmann, Harrison, Sterner, Bernstein, Kowalczuk,
Guillory, Hogan, Williams. Absent: Courtney, Hijazi
1. Approval of minutes of January 22, 2002 and February 26, 2002 and March 6,
2002.
Minutes approved. (Guillory/Hogan) (Courtney absent)
2. Report from Chair.
Chair Bernstein reported on the following items:
(a) Correspondence from Elections Commission President Tom Schulz
(b) Attendance at meetings
(c) Meetings with Supervisors Hall & Gonzalez
(d) Meeting with Board of Supervisors’ Rules & Audits Committee
(e) Meeting with international visitors
(f) Meeting with Deputy City Attorneys
(g) Correspondence from Bruce Brugmann
3. Discussion regarding the ways and means of compelling appearances at a hearing
before the Task Force.
Motion that this body recommend to the Ad Hoc Committee look into coming up
with rigorous or tough or severe procedures, to let persons to know in advance
what the consequences would be of not showing up, what the consequences would
be of non-compliance. (Koltun/Guillory) (Courtney absent)
4. Report of Complaint Committee.
(a) Report from Committee Chair Hogan of Committee meeting of January 25, 2002;
reported on the Order of Determination, prepared as a result of the Complaint
Committee information for Steve Cockrell against the Department of Recreation
and Parks.
Steve Cockrell addressed the Task Force at this time stating there were still
issues remaining, i.e.,
(1) Unredacted public comment; asked the Task Force to address redaction;
(2) Waiver of copying fee;
(3) Availability; been allowed one or two days a week to view documents; have
had to make an appointment;
(4) Library to have on file certain public documents; some were not on file
and was told they would not be available for six months to one year; documents
were made available to me.
Chair Bernstein requested the Ad Hoc Committee look at the issue of waiver
of fees in some instances.
Task Force requested Administrator and Deputy City Attorney work with the Department
and the Complainant to see if these issues may be resolved.
Motion adopted stating the Task Force has jurisdiction over this complaint
and over the issue of the allegation of having to have an appointment and set
a hearing for the next regular Task Force meeting. (Koltun/Hogan) (Courtney
absent)
At this time Chair Bernstein recused herself from Item 4 (b) and Item 5. Vice
Chair Koltun to chair this part of the meeting.
(b) Report of Committee Chair Hogan of Committee Meeting of 2-12-02.
Jurisdiction of complaint of Helynna Brooke, Shelley Bell, Deborah Drysdale,
James Bryant, Willie Kennedy against the Elections Commission.
Motion adopted to go directly to a hearing (Hogan/Guillory) (Courtney absent)
5. Public hearing, Complaint of Helynna Brooke, Shelley Bell, Deborah Drysdale,
James Bryant, Willie Kennedy, against the Elections Commission regarding improper
notification of meeting and improper meetings.
Comment from Willie Kennedy regarding failed notice of initial meeting of Elections
Commission; agenda was set for next meeting; resumes were looked at for appointments.
Comment from Shelley Bradford-Bell regarding emails being sent up to the Elections
Commission being appointed; there was an agenda set with details; a majority
attended the meeting; from the beginning there was intent to discuss organizational
issues; they declined help from the Elections Department.
July Moll, Deputy City Attorney, addressed the Task Force, stating she called
the new Commissioners and advised them because of technical reason that having
a meeting wasn’t a good idea; if they met to limit their discussion and could
contribute items for agenda-not discuss the items; I believe they complied with
the law; did not see a violation of the Sunshine Ordinance by the Commissioners;
regarding the allegation of members of a committee of the Commission meeting
without a publicly-noticed meeting; there is no evidence to support such a meeting.
Comment from Helynna Brooke regarding there was an appearance of who was to
be Chair and Vice Chair at the first meeting; appearance to the public of a
group that had already made the decision as to who would be appointed; in regards
to the second alleged meeting, alleged all three members in the same room talking
about the documents; overall just feel there has been a lot that has been swept
under; would like to call for the removal of Commissioner Schulz and Shadoian.
Comment from James Bryant regarding Elections Commission first meeting; Commissioners
did not take offer of help from Elections Department; feel we have a perception
of a smoking gun; Deputy City Attorney changed her testimony; requested the
affected Commissioners be removed.
Comment from Richard Shadoian, Vice President of the Elections Commission,
regarding first meeting; tried to work through the Elections Department; did
not get requested information; Deputy City Attorney stated she did not feel
comfortable about having first meeting, however, if they do, follow the agenda
they had shown her; advised to make no decisions; at the meeting we put together
agenda items; no discussion about the agenda items to come before us later;
at the informal meeting we discussed about interest in being an officer of the
Commission; no agreement made at that meeting; we talked about if we had time
to be chair of the Commission; this was a question the Deputy City Attorney
said we could ask; never met on the personnel item; I was one of the three persons
on the committee; we each chose individually separately.
Comment from Tom Schulz regarding first meeting; no substantive discussion
on items on the agenda; email sent to Deputy City Attorney asking if items were
okay; we checked with Deputy City Attorney so we would not be in violation of
the law; we were trying to get started and stay within the law; we are committed
to sunshine laws; we have integrity to make this work; we were advised this
meeting was not subject to sunshine laws; had problems with Elections Department
in getting orientation materials; discussion of roles we would take.
Public comment from Doug Comstock commending Mr. Schodian and Schulz for getting
the Elections Commission up and going.
Member Koltun stated he did not see a violation of the Sunshine Ordinance with
regard to the first meeting; regarding the three persons who did or did not
meet, I am convinced if they all came back and had different recommendations
there was not a violation of a seriatim meeting.
Deputy City Attorney Llorente stated in his opinion getting together to discuss
an agenda is not a substantive meeting.
Member Hogan stated he was uncomfortable regarding the discussion at their
first meeting regarding discussion of officers.
Motion adopted there was no violation of the Sunshine Ordinance of conducting
a meeting of four appointed but not yet sworn-in members of the Elections Commission.
(Brugmann/Harrison) (Hogan/Williams no) (Courtney absent)
Motion adopted that there was no violation regarding the three members of the
Elections Commission reviewing applications for the Elections Commission Task
Force. (Brugmann/Kowalczuk) (Courtney absent)
Chair Bernstein returned to the meeting at this time.
6. Report from Public Education and Information Committee.
Motion adopted approving the Volunteer Community Liaison announcement. (Sterner/Kowalczuk)
(Koltun/Courtney absent)
7. Report from Administrator.
Administrator Donna Hall submitted written monthly report.
8. Public Comment.
No public comment.
Meeting adjourned at 7:00 p.m.
Submitted by Donna L. Hall, Administrator
*The 3/26/02 Sunshine Ordinance Task Force meeting has been recorded and is
on file in the Sunshine Ordinance Task Force Office.