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August 27, 2002 Regular

 

 

 



SUNSHINE ORDINANCE TASK FORCE

MINUTES*

Tuesday, August 27, 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.

The meeting convened at 4:00 p.m.

Roll Call: Present: Koltun, Brugmann, Knee, Sterner, Comstock, Cauthen, Jenkins, Parker, Nickliss, Hall. Absent: Harrison, Williams, Hijazi

Agenda changes: Items 8 and 9 removed from agenda.
1. Approval of minutes of July 23, 2002.
Minutes approved as amended (Item # 8 clarified). (Parker/Sterner) (Harrison, Williams absent)
Public comment from Peter Warfield regarding the minutes.
Public comment from Marilyn Amini regarding the minutes.

2. Report from Rules Committee meeting of 8-7-02.

Bruce Brugmann reported on Rules Committee meeting of 8-7-02.

(a) Approval of recommendation from Rules Committee to maintain the current starting time of Task Force meetings for 4:00 p.m.

Motion adopted approving recommendation of Rules Committee to maintain the current starting time of Task Force meetings for 4:00 p.m.
(Nickliss/Cauthen) (Harrison, Williams absent)

(b) Approval of recommendation from Rules Committee to create one ex-officio, non-voting, youth member position to serve on the Task Force and all committees.

Motion adopted to create one ex-officio, non-voting, youth member position to serve on the Task Force and all committees for one-year term. (Parker/Jenkins) (Harrison, Williams absent)

Public comment from Lurilla Harris regarding the ex-officio member.

Public comment from Jason Grant Garza regarding the ex-officio member position.

(c) Approval of recommendation from Rules Committee to set a public hearing for a by-laws change to establish a Compliance and Amendments Committee.

Motion adopted approving recommendation of Rules Committee to set a public hearing for a by-laws change to establish a Compliance and Amendments Committee. (Cauthen/Comstock) (Harrison, Williams absent)

Public comment from Peter Warfield regarding the new committee.

3. Public hearing, amendment to Article VI - Committees, Section 1. Standing Committees, of Sunshine Ordinance Task Force By-Laws, by adding a Compliance and Amendments Committee to Standing Committees.

Public comment from Jason Grant Garza regarding enforcement procedures.

Public comment from Peter Warfield regarding support of change.

Motion adopted amending Sunshine Ordinance Task Force By-Laws Article VI-Committees, Section 1. Standing Committees, by adding (d) Compliance and Amendments Committee, as follows: (Parker/Jenkins) (Harrison, Williams absent)

(d) Compliance and Amendments Committee

The Compliance and Amendments Committee shall monitor compliance with the Orders of Determination adopted by the Task Force; shall recommend to the Task Force amendments to the Sunshine Ordinance regarding enforcement of the Orders of Determination; and shall consider and recommend any other additions, amendments, and changes to the Sunshine Ordinance as provided by members of the Task Force and from the general public.

4. Report from Complaint Committee meeting of 8-7-02.

Committee Chair Sue Cauthen gave report from Complaint Committee meeting of 8-7-02.

(a) Approval of recommendation of Complaint Committee for jurisdiction of
complaint of Frederick Hobson against the Drug Abuse Advisory Board regarding refusal to provide public information; failure to notify time of meeting in a timely fashion; taking action without a quorum.

(b) Approval of recommendation of Complaint Committee for jurisdiction of complaint of Frederick Hobson against the Animal Control & Welfare Commission regarding failure to provide records.

(c) Approval of recommendation of Complaint Committee of no jurisdiction of complaint of Frederick Hobson against the Animal Control & Welfare Commission regarding failure to provide agendas and minutes.

(d) Approval of recommendation of Complaint Committee of no jurisdiction of complaint of Catherine Tchen against the Animal Control & Welfare Commission regarding failure to provide agendas and minutes.

(e) Approval of recommendations of Complaint Committee for (1) jurisdiction of complaint of Jason Grant Garza against the San Francisco Sheriff’s Department regarding failure to provide records; and (2) approval of the motion adopted by the Complaint Committee that the custodian of records did not properly respond to the request because the signature on the letter was not the actual signer of the letter.

Motion adopted approving Complaint Committee recommendations (a), (b), (c), (d), and (e). (Knee/Jenkins) (Harrison, Williams absent)

Five minute break.

5. Public hearing, complaint of Frederick Hobson against the Drug Abuse Advisory Board regarding refusal to provide public information; failure to notify time of meeting in a timely fashion; taking action without a quorum.

Gene Coleman, Chair, City-Wide Alcoholism Advisory Board, addressed the Task Force stating all requests are provided with respect to City-Wide Alcoholism Advisory Board and Drug Abuse Advisory Board.

Danita Mathis, Executive Office, Drug Abuse Advisory Board, addressed the Task Force stating information had been supplied to Mr. Hobson and the Executive Committee met in a quorum.

Public Comment from Lurilla Harris regarding quorum.

Order of Determination adopted dismissing the complaint filed by Frederick Hobson against the Drug Abuse Advisory Board. (Parker/Comstock) (Harrison, Williams absent)

6. Public hearing, complaint of Frederick Hobson against the Animal Control & Welfare Commission regarding failure to provide records.

Elissa Eckman, Chair, Animal Control & Welfare Commission, addressed the Task Force stating all the information she had had been provided to Mr. Hobson.

Order of Determination adopted dismissing the complaint filed by Frederick Hobson against the Animal Control & Welfare Commission. (Parker/Nickliss) (Harrison, Williams absent)

7. Public hearing, complaint of Jason Grant Garza against the San Francisco Sheriff’s Department regarding failure to provide records.

Jason Grant Garza addressed the Task Force regarding his complaint.

Based on information provided the Task Force from Complainant Jason Grant Garza and the Sheriff’s Department, the following Order of Determination was adopted:

The Sunshine Ordinance Task Force finds that the Sheriff’s Department violated the Sunshine Ordinance by failing to provide requested records that were in the possession of the Department, and by failing to properly identify the custodian of records and thereby causing problems for the person requesting the records; and this complaint be placed on the agenda of the newly formed Compliance and Amendments Committee. (Jenkins/Brugmann) (Harrison, Williams absent)

Based on the finding of the failure to properly identify oneself in a professional manner, the Sunshine Ordinance Task Force refers this complaint of Jason Grant Garza to the Ethics Commission for further action. (Cauthen/Nickliss) (Harrison, Williams absent)

8. Discussion regarding City College of San Francisco compliance with the Sunshine Ordinance.

This item continued to the September Task Force meeting.

9. Discussion regarding model public records request procedures.

(a) Public Library request procedure

Public comment from Peter Warfield regarding this item being continued to September.

Motion adopted to refer this item to the Public Education & Information Committee for consideration and place this item on the September Task Force meeting agenda. (Comstock/Cauthen) (Harrison, Williams absent)

10. Report from Administrator.

Administrator Donna Hall submitted written report.

11. Public comment.

Public comment from Marilyn Amini regarding the Task Force listening to a portion of an audio tape.

Public comment from Peter Warfield regarding agenda mailing charges and library matters.

Public comment from Jason Grant Garza regarding difficulty with compliance of Orders of Determination.

12. Future agenda items.

Report from Deputy City Attorney on his contact with Police Department and their incoming audio tape.

The meeting adjourned at 6:45 p.m.          

Donna L. Hall, Administrator                                                                                                    
*The August 27, 2002 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