SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, June 25, 2002
4:00 p.m.
City Hall, Room 408
Task Force Members
Seat 1 Joshua Koltun
Seat 2 Bruce Brugmann
Seat 3 Richard Knee
Seat 4 Marie Harrison
Seat 5 Heather Sterner
Seat 6 Doug Comstock
Seat 7 Sue Cauthen
Seat 8 Garrett Jenkins
Seat 9 David Parker
Seat 10 Alexandra Nickliss
Seat 11 Marjorie Ann Williams
Ex-officio Hala Hijazi
Ex-officio Donna Hall
Note: First name indicates initiator of motion; second name indicates seconder of motion. All motions unanimous except as noted.
Roll Call: Present: Koltun, Brugmann, Knee, Sterner, Comstock, Cauthen, Jenkins, Nickliss, Williams. Absent: Harrison, Parker
Agenda Changes: Item 7 to be considered first.
7. Public hearing, complaint of Kevin Heneghan against Supervisors Daly, McGoldrick, Maxwell for failure to produce records
No public hearing. This matter was resolved between the parties.
The following Order of Determination was adopted: (Jenkins/Knee) (Harrison, Parker absent)
The parties agree to the following resolution of Kevin Heneghan’s Sunshine Ordinance Task Force complaint against Supervisors Daly, McGoldrick and Maxwell: although no violation of the Sunshine Ordinance occurred, the Supervisors will direct their staff to review and re-familiarize themselves with the Board of Supervisors’ record retention policy regarding constituent correspondence to ensure that constituent correspondence that should be retained is in fact retained and made available for public inspection.
The above resolution along with an explanation of the complaint will be attached to the Order of Determination.
1. Approval of minutes of May 28, 2002 and June 12, 2002
Minutes approved as amended (May 28, 2002 minutes amended, Item 4 Member Comstock nominated Member Jenkins as Vice Chair.) (Jenkins/Nickliss) (Harrison, Parker absent)
2. Commendation to Hilda Bernstein
Chair Koltun read Commendation to Hilda Bernstein; Hilda Bernstein was not in attendance; however presented letter of appreciation to the Task Force.
3. Chair report
Chair Koltun gave his report.
(a) International Visitors from Bulgaria and Macedonia
(b) Appointments to Standing Committees
Rules Committee
Marie Harrison, Chair
David Parker
Bruce Brugmann
Public Education & Information Committee
Bruce Brugmann, Chair
Garrett Jenkins
Marjorie Williams
Complaint Committee
Sue Cauthen, Chair
Doug Comstock
David Parker
Ad Hoc Committee on Proposed Amendments to Sunshine Ordinance
Heather Sterner, Chair
Richard Knee
Alexandra Nickliss
4. Report from the City Administrator on progress of index of records
Jill Lerner from City Administrator’s Office presented six-month report on the progress of the index of records.
5. Complaint Committee report
(a) Report of meeting of 6-19-02
Committee Chair Cauthen reported on Complaint Committee meeting of 6-19-02
(b) Order of Determination, John Darmanin, Complaint against the Fire Department for failure to allow public comment on a specific Fire Commission agenda item
Motion adopted approving Complaint Committee recommendation of Order of Determination as follows: (Jenkins/Nickliss) (Harrison, Parker absent)
1. The Sunshine Ordinance Task Force does have jurisdiction over this complaint based on the allegations of non-compliance of allowing public comment on each item on the agenda of the Fire Commission.
2. The Complaint Committee and the Sunshine Ordinance Task Force find the allegations of John Darmanin against the Fire Department to be true regarding failure to provide public comment before, during or after the discussion of a specific agenda item on the Fire Commission agenda.
3. The Complaint Committee and the Sunshine Ordinance Task Force find that the violations raised by the complainant have recently been brought to the attention of the Fire Commission and the Fire Commission is aware of the violation and has assured the Sunshine Ordinance Task Force that this would be corrected by the Fire Commission.
6. Public hearing, complaint of Louis Calabro against Police Department for failure to assist in locating records
Louis Calabro spoke on his behalf requesting an apology from the Police Department for the time it took to receive the records.
R. Rapagnani spoke on behalf of the Police Department, apologizing to Mr. Calabro for the length of time to receive the records.
Order of Determination adopted as follows: (Jenkins/Cauthen) (Harrison, Parker absent)
Based on information provided the Task Force from Complainant Louis Calabro and from R. Rapagnani from the Police Department, the Police Department consents that the request of Mr. Calabro for records was not responded to in a timely manner; the Police Department apologizes for the length of time it took for Mr. Calabro to receive the records; the Police Department to contact the City Attorney’s Office to schedule Sunshine Ordinance training.
12. Public Comment
Patrick Monette-Shaw spoke regarding Department of Public Health web page.
8. Public hearing, complaint of Patrick Monte-Shaw against San Francisco HIV Health Services Planning Council (Ryan White CARE Council) for failing to post to the internet numerous meeting agendas and numerous minutes of meetings of the CARE Council; conducting meetings in secret without notice for participation from the public; failing to provide underrated list of CARE Council members.
Patrick Monette-Shaw spoke on his behalf.
Eric Whitney spoke on behalf of the HIV Health Services Council
Michelle Long Dixon spoke on behalf of the Department of Public Health
Marjorie Ann Williams spoke during public comment regarding the $2.5 Million cut.
Based on the information provided by the Complainant and the HIV Health Services Council and the Department of Public Health, the following Order of Determination was adopted: (Cauthen/Jenkins) (Harrison, Parker absent)
(1) The Planning Council agrees that the San Francisco HIV Health Services Planning Council is subject to the Sunshine Ordinance regarding availability of minutes and agendas on the City’s web site.
Effective immediately the HIV Health Services Planning Council will:
n Ensure that past agendas and minutes (from May 2001 forward) are posted to either the DPH website or the HIV Health Services Planning Council website, which should be running by September 1, 2002;
n Continue to post Council agendas to either the DPH website or the HIV Health Services Planning Council website at least 72 hours in advance of the meeting;
n Post Council meeting minutes to either the DPH website or the newly created HIV Health Services Planning Council website within 48 hours following approval of the minutes. Minutes will be available for inspection and photocopying at the Council office;
n State on the website, agenda and minutes how items will be posted and where back issues can be accessed.
n Continue to post a written notice of Council meetings on the SF Public Library bulletin board
n Determine the meeting agenda soon enough in advance of the meetings to meet posting deadlines.
(2) The HIV Planning Council acknowledges that the February 25 and 27 Council meeting agenda did not identify the agenda items sufficiently clear for everyone to understand; the Council to identify items more clearly.
(3) The HIV Planning Council acknowledges that the local CARE Council membership listing provided the Complainant was not readable and improperly redacted. A new listing is being provided.
(4) The HIV Planning Council will schedule Sunshine Ordinance training through the City Attorney’s Office.
The Task Force requested the City Attorney’s Office to look into the matter of the Federal Guidelines not releasing information as to what the reasons were to warrant the $2.5 million cut from the HIV Planning Council grant.
9. Date and time of regular Task Force meetings
Administrator to check with Media Services to see about availability for a different beginning time.
10. Administrator report
Administrator Donna Hall submitted report.
11. Future agenda items
Report on email policy (from City Attorney’s Office)
Report on progress of index (Administrator)
Report from IT person in DTIS regarding technology of accessing items on website (Administrator)
Discussion of privacy of names and addresses of constituent correspondence (from City Attorney’s Office)
The meeting adjourned at 7:10 p.m.
Submitted by Donna L. Hall, Administrator
*The 6/25/02 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