SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, October 22, 2002
4:00 p.m., City Hall, Room 408
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 after motion 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, Knee, Sterner, Comstock, Cauthen, Jenkins, Parker, Nickliss. Absent: Brugmann, Harrison, Williams.
1. Approval of minutes of September 24, 2002 and October 15, 2002.
Minutes approved. (Jenkins/Nickliss) (Absent: Brugmann, Harrison, Williams)
2. 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.
Patrick Monette-Shaw spoke on behalf of his complaint.
Eric Whitney spoke on behalf of the department.
Public comment from Male Speaker supporting recommendation to send this complaint to the Compliance Committee.
Public comment from Frederick Hobson supporting recommendation to send this complaint to the Compliance Committee.
Public comment from Patrick Monette-Shaw stating the department willfully repeated the same violations.
Order of Determination adopted forwarding this complaint to the Compliance Committee for follow-up on Department of Public Health/HIV Health Services Planning Council's compliance with Sunshine Ordinance and with Task Force orders of determination. (Comstock/Cauthen) (Recused: Parker) (Absent: Brugmann, Harrison, Williams)
3. 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 Board and the Animal Control & Welfare Commission.
Frederick Hobson spoke on behalf of his request to vacate the ruling of the Task Force on his two complaints before the Task Force on 8/27/02 against the Drug Abuse Advisory Board and the Animal Control & Welfare Commission and reset them for public hearings.
Motion introduced to vacate the ruling of the Task Force on August 27, 2002 regarding the two complaints of Mr. Hobson against the Drug Abuse Advisory Board and the Animal Control & Welfare Commission. (Cauthen/Nickliss) Ayes: Cauthen, Nickliss) (Noes: Koltun, Knee, Sterner, Jenkins, Parker) (Recused: Comstock) (Absent: Brugmann, Harrison, Williams) The motion failed.
4. Report from Complaint Committee meeting of 10/10/02.
Complaint Committee Chair Sue Cauthen reported on Committee meeting of 10/10/02.
(a) Approval of jurisdictional letter on Complainant Peter Witt against the Taxi Commission (jurisdiction on items 2, 3, 4, 6; no jurisdiction on items 1, 5, 7).
Motion adopted approving jurisdictional recommendation from the Complaint Committee. (Cauthen/Knee) (Absent: Brugmann, Harrison, Williams)
(b) Approval of jurisdictional letter on Complainant Peter Warfield against the Public Library.
Motion adopted approving jurisdictional recommendation from the Complaint Committee. (Cauthen/Nickliss) (Absent: Brugmann, Harrison, Williams)
Public comment from Peter Warfield regarding jurisdictional letter containing inaccuracies to advance the library position.
12. Public comment.
No public comment.
5. Public hearing, complaint of Peter Witt against the Taxi Commission regarding alleged public comment violations.
Peter Witt spoke on behalf of his complaint.
Public comment from Jim Battles in support of the complainant.
Naomi Little, Executive Director, spoke on behalf of the Taxi Commission.
Public comment from Lynette Sweet in support of Taxi Commission.
Public comment from F. Suslow in support of Taxi Commission.
Motion adopted dismissing Items 2 and 3 of the complaint. (i.e., in 2002 the Commission refused to allow the public to speak for themselves at meetings; and December 11, 2001 President Sweet of the Commission interrupted a speaker during his speaking time.) (Parker/Sterner) (Absent: Brugmann, Harrison, Williams)
Motion introduced dismissing Item 6 of the complaint. (i.e., on August 13, 2002, while speaking on agenda item # 9, President Sweet cut off Complainant's presentation with one minute remaining on his speaking time and told Complainant that he was not on the subject; the microphone was cut off, and the Complainant was ordered out of the hearing room). (Parker/Nickliss) (Ayes: Parker) (Noes: Koltun, Knee, Sterner, Comstock, Cauthen, Jenkins, Nickliss) (Absent: Brugmann, Harrison, Williams). The motion failed.
Motion adopted continuing Item 6 of the complaint to the next meeting of the Task Force in order for the Task Force to review the video tape of the meeting of August 13, 2002. (Knee/Nickliss) (Absent: Brugmann, Harrison, Williams)
Motion adopted continuing Item 4 of the complaint to the next meeting of the Task Force in order for the Task Force to review the video tape of the meeting of July 23, 2002. (i.e., on July 23, 2002 when Complainant used one minute of his speaking time to set up a viewer projector, he was only allotted two minutes remaining time to speak.) (Cauthen/Knee) (Absent: Brugmann, Harrison, Williams)
6. Public hearing, complaint of Peter Warfield against the Public Library regarding failure to obtain records.
Deputy City Attorney Catharine Barnes requested Member Cauthen recuse herself from this item. Member Cauthen stated she felt she did not have a conflict with this item.
Motion introduced that Sue Cauthen re recused from this item. (Parker/Jenkins)
(Ayes: Jenkins, Parker) (Noes: Koltun, Knee, Sterner, Comstock, Cauthen, Nickliss) (Absent: Brugmann, Harrison, Williams) The motion failed.
Peter Warfield spoke on behalf of his complaint.
Catharine Barnes, Deputy City Attorney, spoke on behalf of the Library.
Order of Determination adopted dismissing this complaint. (Parker/Nickliss)
(Ayes: Koltun, Knee, Sterner, Cauthen, Jenkins, Parker, Nickliss) (Noes: Comstock) (Absent: Brugmann, Harrison, Williams)
7. Complaint of Michael Stoll against the Board of Supervisors for failure to provide complete records. (continued from meeting of 9/24/02) Complaint withdrawn.
Member Parker left the meeting at this time
8. Report from Public Education & Information Committee.
Garrett Jenkins reported on the Public Education & Information Committee meeting of October 10, 2002.
(a) Cover letters and sample Public Request Forms
Public comment from Peter Warfield regarding rights of requesters of public information.
Chair Koltun and Administrator to pull together the comments from Task Force members to be included in the sample letter to departments and sample public records request form that was submitted to the Task Force from the Public Education & Information Committee.
(b) Draft letter to Public Library
Public comment from Peter Warfield regarding Task Force within rights to make reports with regard to what they advise or not advise; concerned about Library procedures; in support of draft letter to the Library.
Public Comment from Catharine Barnes, representing the Library, in opposition to the letter to the Library.
Motion adopted dismissing consideration of the draft letter to the Library, without prejudice. (Sterner/Knee) (Absent: Brugmann, Harrison, Parker, Williams)
9. Report from Compliance & Amendments Committee meeting of September 18, 2002.
This item continued to the next meeting.
Approval of Mission and Work Plan for Committee.
10. Task Force investigative jurisdiction and appropriate procedures and staffing.
This item continued to the next meeting.
11. Report from Administrator.
Administrator Donna Hall submitted report.
13. Future agenda items.
This item continued to the next meeting.
The meeting adjourned at 9:15 a.m.
Donna L. Hall, Administrator
*The October 22, 2002 Sunshine Ordinance Task Force meting has been recorded and is on file in the Sunshine Ordinance Task Force Office.
Last updated: 8/18/2009 1:57:05 PM