SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, December 17, 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: Brugmann, Knee, Harrison, Sterner, Comstock, Cauthen, Jenkins, Parker, Nickliss, Hall. Absent: Koltun, Williams, Hijazi
1. Approval of minutes of November 26, 2002.
Minutes approved as amended. (Parker/Nickliss) (Absent: Koltun, Williams)
2. Report from Complaint Committee meeting of December 12, 2002.
Committee Chair Cauthen reported on the Complaint Committee meeting of December 12, 2002.
(a) Draft minutes of December 12, 2002.
(b) Recommendation to approve jurisdiction of complaint of United Taxicab Workers against Supervisor Newsom's Office for alleged withholding of public records.
Submitted statement from Patrick Monette-Shaw: "The number of previous complaints filed by Mr. Gruber is not listed in the advisory letter issued by Deputy City Attorney Llorente; nor did Llorente's letter indicate the number of "prior's" issued against Supervisor Newsom's. During my third complaint, Llorente imagined it necessary to describe the number of complaints I had previously brought, ostensibly to provide so-called imaginary "background" to the Complaint Committee. However, it appears this Task Force has one set of rules for complainants against "AIDS Inc.," and another set of rules for other complainants. If this Task Force is going to list "priors," all complainants should be treated equally-for instance by stating this is Mr. Gruber's first complaint against Newsom's office, and that "X" number of complaints have previously been filed against the supervisor. To treat different members of the public with different sets of rules is an abuse of process by this Task Force."
Motion adopted approving report of the Complaint Committee. (Harrison/Nickliss) (Absent: Koltun, Williams)
3. Public hearing, complaint of United Taxicab Workers against Supervisor Newsom's Office for alleged withholding of public records.
Mark Gruberg addressed the Task Force in support of his complaint.
Michael Farrah, representing Supervisor Newsom's Office; and Paul Zarefsky, Deputy City Attorney, representing Supervisor Newsom's Office, addressed the Task Force.
Public comment from L. Harris regarding public requests.
Order of Determination adopted finding that the Sunshine Ordinance Task Force recognizes that the legal opinion submitted to Supervisor Newsom is covered under the lawyer/client privilege; however, in the spirit of open government and public accountability, the Task Force urges Supervisor Newsom to waive the privilege and to release the opinion for the benefit of the community. (Brugmann, Nickliss) (Ayes: Brugmann, Knee, Harrison, Comstock, Cauthen, Jenkins, Parker, Nickliss) (Noes: Sterner) (Absent: Koltun, Williams)
4. Request of Patrick Monette-Shaw for reconsideration of Order of Determination dated October 22, 2002, complaint 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 addressed the Task Force requesting reconsideration of the Order of Determination of October 22, 2002.
No public comment.
Motion introduced to reconsider the request of Patrick Monette-Shaw for reconsideration of the Order of Determination dated October 22, 2002. (Comstock/Brugmann) (Ayes: Harrison, Comstock) (Noes: Brugmann, Knee, Sterner, Cauthen, Jenkins, Parker, Nickliss) (Absent: Koltun, Williams) The motion failed.
5. Report from Compliance & Amendments Committee meeting of December 12, 2002.
Committee Chair Sterner reported on the Compliance & Amendments Committee meeting of December 12, 2002.
(a) Draft minutes of December 12, 2002.
(b) Recommendation for approval of consideration of proposed amendment to the Sunshine Ordinance by adding Section 67.7-2 to Public Notice Requirements.
Submitted statement from Patrick Monette-Shaw: "The SOTF's proposed amendment (Section 67-7.2) to the Sunshine Ordinance is, in part, a result of the third complaint I filed. That the SOTF found merit in my complaint and is now recommending a change to the Ordinance is both gratifying, and a civic duty accomplishment signaling that due process redress of grievances-when properly followed, as I did, without abusing processes-leads to constructive change, which is a free-speech guarantee in democracies. However, I ask that a SOTF member propose an amendment to 67-7.2, strongly encouraging City departments to also post the larger "public record" of a meeting to the Internet, particularly testimony submitted electronically, as an ADA-related issue. Technology exists to easily consolidate material submitted electronically into an Internet-accessible document, so that people with disabilities have greater accessibility to open government via the larger public record, in addition to minutes and agendas posted to the Internet."
Motion adopted approving the consideration of proposed amendment to the Sunshine Ordinance by adding Section 67.7-2 to Public Notice Requirements, as follows: (Comstock/Nickliss) (Absent: Koltun, Williams)
"When notice is given as provided in these articles by public policy bodies other than the one listed in 67.7-1 members of the public may submit statements and/or comments as to any item listed on the agenda at a meeting of the policy body, and those statements or comments shall be placed in the public record and be subject to review and consideration by the policy body if submitted any time before or during the hearing. There is no requirement that the author of the statement or comment be physically present at the hearing in order for the statement or comment to be placed in the public record. If the statement or comment is received after the hearing, it will be placed in the public record with a notation as to when it was received."
8. Public comment.
Submitted statement from Patrick Monette-Shaw: "I want to commend Chairperson Koltun for having recognized that members of "AIDS Inc"-by way of the anonymous e-mail circulated by the cowardly "J Doe" using "sfadvocate.com"-had possibly enlisted SOTF member David Parker into possibly wrongly placing a Trojan Horse agenda item on today's agenda in a bald end-run attempt to discredit me, despite the SOTF previously having found that my whopping three complaints all had jurisdiction, or possible jurisdiction, and all had merit either in whole or in part. Mr. Koltun rightfully removed this specious agenda item from today's meeting; he is to be commended for recognizing a Trojan Horse when he sees one. On the other hand, member Parker, having possibly facilitated this end-run Trojan Horse-therein abusing the SOTF processes he is sworn to uphold-may need to be censured. I will follow up with the Task Force in this regard."
6. Report from Rules Committee.
Committee Chair Harrison gave oral report of the last Rules Committee. Proposed guidelines for SOTF members will be presented to the Task Force at the January Task Force meeting.
7. Report from Administrator.
Written report submitted by Administrator Donna Hall.
9. Future agenda items.
Members Williams and Comstock to attend a City College Board meeting.
Member Comstock requested the Task Force discuss a sunshine ordinance amendment regarding the non-profit regulations.
Member Knee requested the Task Force discuss the issue of setting up meetings in the community regarding recommending changes to the sunshine ordinance.
Task Force Member Parker stated a youth member might possibly be on board by next meeting.
Task Force Member Cauthen felt it was appropriate to commend Supervisor Peskin on his support of sunshine regarding the Department of Building Inspection not charging a fee for retrieving of documents from storage. Task Force Member Cauthen to work with Administrator on a draft letter.
The meeting adjourned at 6:30 p.m.
Submitted by Donna L. Hall, Administrator
*The December 17, 2002 Sunshine Ordinance Task Force meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office.