SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, September 24, 2002
4:00 p.m., City Hall, Room 263
Task Force Members
Seat 1 Joshua Koltun Seat 8 Garrett Jenkins
Seat 2 Bruce Brugmann Seat 9 David Parker
Seat 3 Richard Knee Seat 10 Alexandra Nickliss
Seat 4 Marie Harrison Seat 11 Marjorie Ann Williams
Seat 5 Heather Sterner Ex-officio Hala Hijazi
Seat 6 Doug Comstock Ex-officio Donna Hall
Seat 7 Sue Cauthen
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, Harrison, Williams, Hall. Absent: Hijazi
1. Approval of minutes of August 27, 2002. Minutes approved (Sterner/Nickliss)
Public comment from Peter Warfield regarding substance of minutes.
Public comment from Marilyn Amini regarding substance of minutes.
Public comment from Patrick Monette-Shaw regarding substance of minutes.
2. Report from Complaint Committee meeting of 9/12/02.
Committee Chair Sue Cauthen presented report of Committee meeting of 9/12/02.
(a) Draft minutes of 9/12/02.
(b) Approval of recommendation of Complaint Committee for jurisdiction of
complaint of Michael Stoll against the Board of Supervisors for failure to provide completes records.
Motion adopted approving recommendation of Complaint Committee. (Comstock/Cauthen)
(c) Approval of recommendation of Complaint Committee for jurisdiction of complaint of Anthony Imperial against the Human Rights Commission for failure to provide records.
Motion adopted approving recommendation of Complaint Committee. (Cauthen/Comstock)
(d) Approval of recommendation of Complaint Committee for jurisdiction of complaint of Andre Spearman against the Department of Building Inspection regarding failure to provide records.
Motion adopted approving recommendation of Complaint Committee. (Parker/Nickliss)
(e) Approval of recommendation of Complaint Committee for jurisdiction of complaint of Michael Petrelis against the Department of Public Health/HIV Prevention Planning Council regarding failure to post notices.
Member Koltun was recused from this item.
Member Parker was recused from this item.
Motion adopted approving recommendation of Complaint Committee. (Comstock/Nickliss) (Koltun and Parker recused)
(f) Approval of recommendation of Complaint Committee for jurisdiction of complaint of Patrick Monette-Shaw against the Department of Public Health/HIV Health Services Planning Council regarding failure to post notices; misrepresentation of minutes; failure to sufficiently word agendas.
Member Parker was recused from this item.
Motion adopted approving recommendation of Complaint Committee. (Comstock/Williams) (Parker recused)
Public comment from Patrick Monette-Shaw in support of Michael Petrelis complaint.
7. Public hearing, complaint of Michael Petrelis against the Department of Public Health/HIV Prevention Planning Council regarding failure to post notices.
Steven Tierney spoke on behalf of the Department of Public Health/HIV Prevention Planning Council stating the Department was working on their problems with the web site; a new web site to be up and running by January.
Patrick Monette-Shaw spoke on behalf of the complainant stating information not posted to the web, pieces on web site missing.
Order of Determination adopted stating:
The Department of Public Health/HIV Prevention Planning Council was out of compliance regarding information being posted to their web site; the Department is now taking steps to bring the web site back into compliance; this complaint to be forwarded to the Compliance and Amendments Committee for further follow-up.
(Harrison/Sterner) (Koltun, Parker recused)
5. Public hearing, complaint of Anthony Imperial against the Human Rights Commission for failure to provide records.
Anthony Imperial spoke on behalf of his complaint.
Roel Villacarlos spoke on behalf of the Human Rights Commission; information that the Human Rights Commission had was given to Mr. Imperial; some information was not available.
Public comment from Andre Spearman regarding bidding of contracts.
Public comment from Peter Warfield regarding assisting requestors of information.
Order of Determination adopted as follows:
(1) The complaint of Anthony Imperial against the Human Rights Commission be dismissed.
(2) The Sunshine Ordinance Task Force reviewed the complaint of Mr. Imperial and the material attached to the complaint; the Task Force found that the Human Rights Commission’s response to Mr. Imperial technically complied with the requirements of the Sunshine Ordinance, but determined that it would be appropriate for a letter to be sent to the HRC expressing the concern that the response to Mr. Imperial could have been more helpful in assisting him in determining the existence or non-existence of the documents he sought; said letter to be drafted by the Chair, Administrator, and Deputy City Attorney for the Sunshine Ordinance Task Force.
(3) A copy of the letter to the Human Rights Commission to be forwarded to the Board of Supervisors.
(Parker/Nickliss) (Noes: Brugmann, Comstock, Jenkins, Nickliss, Williams)
9. Motion by Frederick Hobson to vacate ruling of Task Force on his two complaints before the Task Force on 8/27/02 against the Drug Abuse Advisory Committee and the Animal Control & Welfare Commission.
This item continued to the next meeting of the Task Force.
12. Public comment.
No public comment.
Task Force Member Jenkins invited Task Force Members to look at software that would help facilitate members of the public to locate records.
Member Jenkins left the meeting at this time.
6. Public hearing, complaint of Andre Spearman against the Department of Building Inspection regarding failure to provide records.
Andre Spearman spoke on behalf of his complaint.
John Marquez spoke on behalf of the Department of Building Inspection.
Order of Determination adopted as follows:
(1) The Building Inspection Department was in violation of the Sunshine Ordinance by failure to provide a prompt and timely response to the complaint’s request for information.
(2) The Sunshine Ordinance Task Force shall send a letter to the Department of Building Inspection stating its disappointment that the Department did not respond in a timely fashion when the requestor needed the information to prepare for an administrative hearing.
(Sterner/Nickliss) (Harrison recused) (Jenkins absent)
3. Public hearing, complaint of Marilyn Amini:
(a) Complaint Committee recommendation of jurisdiction
Motion adopted accepting letter of jurisdiction from the Complaint Committee on the four items set for public hearing. (Cauthen/Nickliss) (Jenkins absent)
(b) Complaint of Marilyn Amini:
(1) Failure to include submitted material for Planning Commission public hearing: specifically, failure to transmit Continuation request (requesting time for preparation and submission of Rebuttal statement for Commission review prior to scheduled Hearing) either before, or at the time of, Commission deliberation and action on same;
(2) Brown Act violation by Planning Commission;
(3) Alteration of public records-including, but not limited to, the following:
(a) audio and video records of Planning Commission 5/9/02 regular meeting, said records provided by Planning Commission and Citywatch, respectively;
(b) documents contained in Board of Appeals official Case file on Appeal No. 01-092;
(4) Failure to include submitted material in official case file containing said public records.
Marilyn Amini spoke on behalf of her complaint; Citywatch respondent is now eliminated because of segment of information Ms. Amini discovered was in the video at a different location than she first thought; segment also found on audiotape.
Linda Avery spoke on behalf of the Planning Commission and the Planning Department; tapes not tampered with; information was contained in the file.
Robert Feldman spoke on behalf of the Board of Appeals; tabs were removed from the submitted record; substance not tampered with; all information contained in the file.
Motion introduced to dismiss item (1): Failure to include submitted material for Planning Commission public hearing; specifically, failure to transmit continuation request (requesting time for preparation and submission of rebuttal statement for Commission review prior to scheduled hearing) either before, or at the time of, Commission deliberation and action on same. (Parker/Nickliss) (Jenkins absent) (Ayes: Sterner, Parker) (Noes: Koltun, Brugmann, Knee, Harrison, Comstock, Cauthen, Nickliss, Williams) The motion failed. (Item 3. (b) (1) on agenda)
Motion adopted that there was a Sunshine Ordinance violation regarding failure to include submitted material for Planning Commission public hearing; specifically, failure to transmit continuation request (requesting time for preparation and submission of rebuttal statement for Commission review prior to scheduled hearing) either before, or at the time of, Commission deliberation and action on same. (Brugmann/Nickliss) (Jenkins absent) (Ayes: Koltun, Brugmann, Knee, Harrison, Comstock, Cauthen, Nickliss, Williams) (Noes: Sterner, Parker) (Item 3. (b) (1) on agenda)
Motion introduced that there was a Sunshine Ordinance violation in failing to place on the agenda Complainant’s request to rescind an action that had been taken. (Comstock/Harrison) (Jenkins absent) (Ayes: Brugmann, Cauthen, Nickliss, Williams (Noes: Koltun, Knee, Harrison, Sterner, Comstock, Parker) The motion failed. (Item 3. (b) (2) on agenda)
Motion introduced there was a violation of the Sunshine Ordinance in the omission on the audio recording of the meeting on the portion of the tape. (Comstock/Brugmann) (Jenkins absent) (Ayes: Brugmann, Comstock) (Noes: Koltun, Knee, Harrison, Sterner, Cauthen, Parker, Nickliss, Williams) The motion failed. (Item 3. (b) (3) (a) on agenda)
Motion introduced there was a violation of the Sunshine Ordinance regarding the alteration of public records contained in Board of Appeals official case on file on Appeal No. 01-092. (Comstock/Nickliss) (Jenkins absent) (Ayes: None) (Noes: Koltun, Brugmann, Knee, Harrison, Sterner, Comstock, Cauthen, Parker, Nickliss, Williams) The motion failed. (Item 3. (b) (3) (b) on agenda)
Motion adopted there was a violation of the Sunshine Ordinance regarding failure of Planning Department file not containing all the relevant information (Harrison/Brugmann) (Jenkins absent) (Item 3. (b) (4) on agenda)
8. Public hearing, complaint of Patrick Monette-Shaw against the Department of Public Health/HIV Health Services Planning Council regarding failure to post notices; misrepresentation of minutes; failure to sufficiently word agendas.
This item continued to a Special Meeting.
4. Public hearing, complaint of Michael Stoll against the Board of Supervisors for failure to provide complete records.
Dorji Roberts, Deputy City Attorney, spoke on behalf of the Board of Supervisors.
Michael Stoll spoke on behalf of his complaint.
Motion adopted continuing this item to the next Task Force meeting. (Brugmann/Comstock) (Jenkins absent)
Public comment from Peter Warfield regarding documents being submitted at the last minute; public does not have copies.
Public comment from Marilyn Amini regarding her public comment at a previous meeting.
10. Discussion regarding City College of San Francisco compliance with the Sunshine Ordinance.
This item continued to the next Task Force meeting.
11. Report from Administrator.
Report submitted
13. Future agenda items.
Member Brugmann reminded Task Force of the CFAC OpenGov02 Conference October 17-19, 2002.
The meeting adjourned at 9:20 p.m.
Donna L. Hall, Administrator
*The September 24, 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