SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, April 23, 2002
4:00 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
Note: First name indicates initiator of motion; second name indicates seconder of motion. All motions unanimous except as noted.
Roll Call Present: Koltun, Brugmann, Sterner, Bernstein, Kowalczuk, Guillory, Hogan, Williams. Absent: Courtney, Harrison
1. Approval of minutes of March 26, 2002 Special Meeting and March 26, 2002 Regular Meeting.
Minutes of March 26, 2002 Special Meeting approved. (Guillory/Koltun)
Minutes of March 26, 2002 Regular Meeting approved. (Koltun/Kowalczuk)
2. Report from Chair.
Chair Bernstein reported no activity over the last month; thanked the Task Force for their work over the last two years.
3. Report of Complaint Committee.
(a) Report of meeting of 4-16-02
(b) Jurisdiction of complaint of Environmental Law & Justice Clinic/School of Law/Golden Gate University.
(c) Jurisdiction of complaint of Peter Warfield.
Complaint Committee Chair Hogan reported on the above three items stating the Complaint Committee recommended the Task Force has jurisdiction over the complaint of Environmental Law & Justice Clinic/School of Law/Golden Gate University; and complaint of Peter Warfield.
4. Public hearing, Complaint of Steve Cockrell regarding availability of records, unresponsiveness of department, and unredacted information against the Department of Recreation and Park.
Steve Cockrell addressed the Task Force regarding public records requests as to availability-having to have an appointment; unresponsiveness and late answers; and unredacted public comment; requested unredacted public comment; am receiving names and comments but not addresses; am denied survey information without addresses; requested draft plans which Recreation & Park Department says they do not now have because they sent them out.
Public comment from Lurilla Harris stating if she appears before a commission she expects this to be public information.
Order of Determination to include the following:
Motion adopted that the redaction of addresses, emails and telephone numbers constitutes a violation of the Sunshine Ordinance. (Koltun/Hogan) (Bernstein, Sterner no) (Courtney, Harrison absent). The motion carried.
Motion adopted that from the facts received from the Recreation and Park Department regarding the complainant having to have appointments, the Recreation & Park Department is required to comply with the Sunshine Ordinance in terms of allowing Mr. Cockrell to view the documents within five days of receiving the Order of Determination; and if that is not complied with the Task Force may refer the matter to enforcement bodies, including the District Attorney’s Office to review for its own separate prosecution, or it could refer to the Ethics Commission for purposes of handling complaints of a willful act of misconduct. (Guillory/Williams) (Courtney, Harrison absent) The motion carried.
Motion adopted that insofar as the Recreation and Park Department neglected to retain copies of the documents in question, and therefore failed to produce them, that constitutes a violation of the Sunshine Ordinance. (Koltun/Sterner) (Courtney, Harrison absent) The motion carried.
Motion adopted that as to the alleged repeated withholding of overall documents that this matter be referred to the Ethics Commission (this motion does not include the issue of redaction). (Hogan/Brugmann) (Courtney, Harrison absent)
5. Public hearing, Complaint of Environmental Law & Justice Clinic/School of Law/Golden Gate University regarding the SFO RRP for denial of release of records and exclusion from meetings where decisions and policy recommendations are being made.
Alan Ramo addressed the Task Force on behalf of San Francisco BayKeeper and the Alliance for a Clean Waterfront regarding the failure of the Airport to release documents, and stating the SFO RRP Task Force Meetings should be open to the public.
Dorji Roberts, Deputy City Attorney, addressed the Task Force regarding the release of documents, stating the Sunshine Ordinance does not have discretion to release documents at this time; the Sunshine Ordinance does not give the City power to nullify nondisclosure requirements imposed by federal law; and secondly regarding the SFO RRP Task Force Meetings, stating the project task force is not a policy body as defined by the Sunshine Ordinance.
Kandace Bender, Communications Director, San Francisco Airport, spoke on behalf of the Airport.
Public comments from the following persons requesting documents be released:
Lurilla Harris
Norman Rolfe
Craig Breon
Eileen Boken
Arthur Feinstein
Nancy Wuerfel
Jennifer Clary
Eric Saddik
Ellen Blair
Shana Lazerow
Tom Tandoc
Mike Paquet
Mike Barnes
Corinne Woods
Amy Quirk
Public comment, Male, Bicycle Advisory Committee, regarding clarification of Sunshine Ordinance.
Discussion among the Task Force and Deputy City Attorney and Complainant representative Armo regarding whether or not the documents are under Federal regulations.
Deputy City Attorney Roberts stated he would inform the FAA regarding this public hearing.
Order of Determination to include the following:
Motion adopted that on the grounds the requested documents were created by City participation and City funding, the FOIA exemption does not take this out from under the Sunshine Ordinance, and the Sunshine Ordinance applies, and failure to disclose the requested records is a violation of the Sunshine Ordinance. (Koltun, Guillory) (Hogan no) (Courtney, Harrison)
Motion that the Task Force find the SFO RRP Task Force is a passive body. (Sterner/Williams) (Kowalczuk, Guillory, Hogan, Koltun no) (Courtney, Harrison absent) The motion failed.
Chair Bernstein left the meeting at this time. Vice Chair Koltun replaced Chair Bernstein at this time.
9. Public Comment. No public comment.
6. Public hearing, Complaint of Peter Warfield regarding the San Francisco Public Library failure to abide by posting requirements for agendas and minutes.
Deputy City Attorney Ernest Llorente recused himself from this item. Deputy City Attorney David Greenburg will be legal counsel for this item.
Peter Warfield addressed the Task Force stating his complaint against the San Francisco Public Library regarding the failure of the Library to abide by posting requirements for agendas and minutes.
Michael Housh, Library Commission Secretary, addressed the Task Force stating the Public Library failed to post notices and agendas for the prior three years; failed to replace posted draft minutes with approved minutes; and stated the agenda for the March 21, 2002 meting was posted less than 72 hours prior to the meeting. Mr. House stated the items in the complaint had been remedied, the Library is now in conformance with the Sunshine Ordinance; and the Library will make sure that they will continue to be in compliance.
Order of Determination to include the following:
Motion adopted: (1) that the Sunshine Ordinance Task Force finds there is a violation of the Sunshine Ordinance with regard to the posting of Library Commission agendas and minutes; and (2) the San Francisco Public Library has taken steps to remedy this situation; and (3) the San Francisco Public Library is currently in compliance with the Sunshine Ordinance. (Hogan/Guillory) (Courtney, Harrison, Bernstein absent)
7. Report from Public Education and Information Committee.
Committee Chair Daniel Guillory reported on Committee meeting of February 20, 2002.
8. Report from Administrator.
Administrator Donna Hall presented monthly report.
The meeting adjourned at 7:45 p.m.
Submitted by Donna L. Hall, Administrator
*The 4/23/02 Sunshine Ordinance Task Force meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office.
Last updated: 8/18/2009 1:57:04 PM