SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, November 26, 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 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, Williams, Hijazi, Hall. Absent: Brugmann, Harrison.
1. Approval of minutes of October 22, 2002.
Minutes approved. (Jenkins, Nickliss) (Absent: Brugmann, Harrison)
2. Report from Supervisor of Public Records.
Deputy City Attorney Paul Zarefsky submitted annual Supervisor of Public Records report.
3. Public hearing, complaint of Peter Witt against the Taxi Commission regarding alleged public comment violations. (#4: 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. #6: 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.)
Peter Witt addressed the Task Force in support of his complaint.
Naomi Little addressed the Task Force representing the Taxicab Commission.
Motion to stop debate (Parker/Knee) (Ayes: Koltun, Knee, Sterner, Jenkins, Parker) (Noes: Comstock, Cauthen, Nickliss, Williams) (Absent: Brugmann, Harrison). The motion failed.
Order of Determination adopted that the Taxicab Commission was in error in not giving Mr. Witt additional time for the set-up procedures; the Taxicab Commission has realized the error and the time procedures will be adjusted in the future. (Parker/Sterner) (Brugmann, Harrison); and that Mr. Witt was deprived of his full speaking time when told he was not speaking on the subject.
(Jenkins/Cauthen) (Ayes: Knee, Sterner, Comstock, Cauthen, Jenkins, Nickliss, Williams) (Noes: Koltun, Parker) (Absent: Brugmann, Harrison)
Public comment from Patrick Monette-Shaw regarding speakers sometimes being "off-point" on items they are addressing.
10. Public comment.
Patrick Monette-Shaw spoke regarding the Task Force regarding "cutting the Care Council so much slack".
4. Report from Complaint Committee meeting of November 15, 2002.
Committee Chair Cauthen reported on the Complaint Committee meeting of November 15, 2002.
(a) Jurisdictional letter on Complainant Patrick Monette-Shaw against the Department of Public Health; San Francisco HIV Health Services Planning Council regarding policy on submitting written testimony. (Complaint Committee recommended no jurisdiction) (Sue Cauthen)
(b) Appeal of Complaint Committee recommendation of no jurisdiction by Patrick Monette-Shaw.
Patrick Monette Shaw addressed the Task Force in support of his appeal of no jurisdiction from the Complaint Committee.
Motion to stop debate. (Parker/Comstock) (Ayes: Knee, Sterner, Comstock, Jenkins, Parker, Nickliss, Williams) (Noes: Koltun, Cauthen) (Absent: Brugmann, Harrison) Motion carried.
Motion to accept jurisdiction over this complaint. (Nickliss/Jenkins) (Ayes: Cauthen, Jenkins, Nickliss, Williams) (Noes: Koltun, Knee, Sterner, Comstock, Parker) (Absent: Brugmann, Harrison) Motion failed.
Motion adopted requesting the Compliance and Amendments Committee place on their agenda a discussion item regarding Sunshine Ordinance 67.7-1 for possible amendment. (Comstock/Jenkins) (Absent: Brugmann, Harrison)
Public comment from Patrick Monette-Shaw stating if the item is referred to a sub-committee, the sub-committee take a look at the American Disabilities Act.
150 word submission for the minutes from Patrick Monette-Shaw:
Deputy City Attorney Llorente's 11/17/02 advisory letter to the
Complaint Committee stated "The SOTF Compliant Committee must make a factual determination in order to determine if the Task Force has
jurisdiction over the allegations." Llorente further advised: "The
Complaint Committee must decide whether 67.7-1 applies to the facts of
this case," and "the Committee has to make the threshold determination
of whether Section 67.7-1 actually applies & ". Although the Complaint
Committee discussed conflicting Ordinance provisions -- and further
noted Ordinance section 67.7-1 uses "matter" as it's language -- the
issue whether "healthcare" affects a, or all, neighborhood(s) was not
discussed or voted on. Rather than first ruling on the prerequisite,
threshold determination, the Committee considered only jurisdiction,
bypassing first considering "thresholds." This can only be described as
Kafka-esque. The Committee attempted brokering a compromise in order to dismiss my complaint. Sidestepping ruling on "threshold determinations" unethically results in swept-under-the-carpet Sunshine Ordinance violations.
5. Discussion regarding City College of San Francisco compliance with the Sunshine Ordinance.
Member Koltun and Member Nickliss recused themselves from this item.
Members Comstock and Williams to go as a delegation from the Task Force to contact the City College regarding City College's compliance with the Sunshine Ordinance.
Member Nickliss excused herself as a Member of the Task Force and addressed the Task Force as an interested person under public comment asking what kind of effectiveness the task Force would have with the City College regarding the Sunshine Ordinance.
11. Future agenda items.
Member Parker stated that at the next Complaint Committee they would be discussing the abuse by complainants of process of the Sunshine Ordinance and Sunshine Ordinance Task Force. Chair Koltun suggested the item be placed on the full Task Force agenda as a discussion item.
Public comment from Patrick Monette-Shaw regarding Task Force discussion of abuse of the Sunshine Ordinance.
6. Report from Compliance & Amendments Committee meeting of September 18 and November 20, 2002.
Committee Chair Sterner reported on the Compliance & Amendments Committee meeting of September 18, October 9, and November 20, 2002.
Public comment from Patrick Monette-Shaw stated he would be appealing the ruling of the Compliance and Amendments Committee.
Motion adopted approving the Mission and Work Plan of the Compliance & Amendments Committee as submitted with the following amendment to the Mission Statement: The Compliance and Amendments Committee will facilitate adherence to, and effectiveness of, the Sunshine Ordinance by following up on and enforcing compliance with the Orders of Determination; and by considering and making recommendations to the Task Force on staff recommendations and community recommendations for Sunshine Ordinance amendments. (Comstock, Williams) (Absent: Brugmann, Harrison)
7. Task Force investigative jurisdiction and appropriate procedures and staffing.
Member Williams left the meeting at this time.
Referred to Rules Committee to work on appropriate procedures for staff and complainants regarding investigating violations of the Sunshine Ordinance.
Member Cauthen left the meeting at this time.
Member Nickliss left the meeting at this time.
8. Discussion regarding submission of supporting documents from complainants.
Member Heather Sterner requested Administrator look into suggestions of reducing the amount of paper submitted to Task Force Members in agenda packets.
9. Report from Administrator.
Administrator Donna Hall submitted monthly report.
The meeting adjourned at 8:15 p.m.
Donna L. Hall, Administrator
*The November 26, 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 1:57:05 PM