SUNSHINE ORDINANCE TASK FORCE
REGULAR MEETING
MINUTES
Tuesday, January 23, 2001
4:00 p.m. City Hall, Room 408
Task Force Members
Seat 1 Judith Appel Seat 8 Robert Planthold
Seat 2 Bruce Brugmann Seat 9 Daniel Guillory
Seat 3 Vince Courtney Seat 10 Paul Hogan, Vice Chair
Seat 4 Marie-Lorraine Mallare Seat 11 Sue Cauthen
Seat 5 Tuesday Ray Ex-officio Lillian Hare
Seat 6 Hilda Bernstein, Chair Ex-officio Vacant
Seat 7 Ted Kowalczuk
Roll Call
Absent: Brugmann, Mallare
1. Approval of Minutes of December 19, 2000
2. Report from Chair
Chair Hilda Bernstein reported that Jackie Minor will
remain as counsel to the Sunshine Ordinance Task Force; requested the Ad Hoc
Conflict of Interest Committee to expend their purview to include potential
conflicts vis-à-vis members of the Task Force as well as those of our
elected representatives; inquiry to be sent to State Attorney General asking
whether the appointment of members to the HRC Minority/Women Business Enterprise
Advisory Committee was done in accordance with State and Local laws; Planning
Commission President to meet with Chair regarding scheduling of public comment;
responded to letter from Hillary Gitleman of Planning Department; members
who have missed two meetings were sent letters reminding them of the three-missed-meeting
rule; requested the Rules Committee to look into extending the three-missed-meetings
rule to committees; to meet with Supervisor Gonzalez, Chair of the Rules Committee,
in the near future.
Discussion held regarding requesting opinion from State
Attorney General regarding sole assignment of attorney to the Task Force.
It was the consensus of the Task Force that further discussion of this item
was required.
Public Comment from Gilbert Criswell regarding the sole
source attorney discussion.
3. Report from City Administrator on semi-annual progress
of records index
Jill Lerner, City Administrator’s Office, reported on
the second semi-annual report to the Task Force on the progress of the records
index. Ms Lerner stated 13 departments’ record retention schedules had been
approved by the City Attorney’s Office; as the record retention schedules
receive the necessary approvals, they will be posted on the web.
4. Report from Rules Committee
5. Report from Complaint Committee
Chair Judy Appel reported the results of the last Complaint
Committee; the request for a hearing from Courtney and Courtney on behalf
of Bruce Easley and Maria Zelaya was withdrawn; the William complaint set
for hearing.
Public comment from Gilbert Criswell regarding copies
of material not being available to the public at the last meeting.
6. Report of Public Education & Information Committee
Chair Paul Hogan reported he had met with representatives
of the Department of Telecommunications and Information Systems regarding
updating the Task Force web page; the Committee had obtained a listing of
neighborhood groups from the Planning Department; press releases were now
being issued.
7. Hearing of Les Goldner against the Recreation & Park
Department
Les Goldner addressed the Task Force stating he had not
received a mailing list he had requested for the San Francisco Marina Harbor
Tenants Association from the Recreation and Park Department.
Mike Morlin, Recreation & Park Department addressed
the Task Force stating the request for the mailing list was denied because
the Association was requesting home addresses and telephone numbers; the Department
is willing to do a mailing if the Association brings in the information they
wished mailed; the Department will print mailing labels and mail the information;
the Department would be willing to do a mailing with a consent form to be
returned stating the Department may release the home addresses and telephone
numbers to the Association; the return form could be mailed directly to the
Association.
Jackie Minor, City Attorney’s Office, stated the advice
from the City Attorney’s Office is that there is a state statute provision
regarding a right to privacy with respect to home addresses and telephone
numbers.
Hilda Bernstein stated there is a larger issue of the
use of taxpayer support for property and the issue of privacy-has asked counsel
for information on this.
Public comment from John Jacobson stating in the past
Recreation and Park has done mailings on behalf of the Association; there
is an element of censorship by the Department; there is no commercial interest
by the Association.
Public comment from Gilbert Criswell regarding the advice
on the state statute and Prop G.
Public comment from Courtney Clarkson stating the only
information the Association receives is from the Association; would urge the
mailing list be provided to Mr. Goldner.
The following order of determination was adopted: (Appel/Planthold)
Brugmann, Mallare absent)
Without making a determination regarding the privacy
issues implicated by this complaint, the Sunshine Ordinance task Force orders:
(1) Recreation and Park Department will supply a list
of names and berth numbers within 72 hours, and will do so in a timely manner
upon an "Immediate Disclosure Request" at any time in the future.
(2) Recreation and Park Department will mail a consent
form, drafted by the San Francisco Marina Harbor Tenants Association with
a return envelope to the Association.
(3) Recreation and Park Department will continue to
send any mailings upon request in the future.
11. Public Comment
8. Hearing of Kevin Williams against the Human Rights Commission
Kevin Williams addressed the Task Force stating the Human
Rights Commission failed to respond in a timely manner to a request for documents;
was served with a letter with an invoice for payment of $593.80 for the cost
of reproducing copies of records; all records were not released; requesting
relief from the cost of reproducing the records; any senior manager would
be able to have the records at no cost; HRC is requesting payment for records
or look at records on vacation and/or comp time; HRC did not make good faith
effort to provide requested documents.
Cathy Barnes, City Attorney’s Office, representing the
HRC, stated the issue is not that Mr. Williams cannot have the records; the
issue is that he must pay for the records or look at the records at the HRC
office during the time he is not working for the HRC; Mr. Williams may see
records on his own time during business hours; HRC made good faith effort
to provide requested documents.
Discussion held among the Task Force regarding paying/not
paying for the records; possibility of waiving the fee; question of whether
the Task Force has jurisdiction to make judgment whether or not someone uses
their own time or part of their work program or employer time to look at documents-could
be a labor issue; why not just give the person the records; this person is
an employee; flexibility is a great value.
Cathy Barnes stated if the policy is waived for paying
the fees for one person, should then be waived for others.
Member Tuesday Ray left the meeting at this time.
Task Force Member Appel stated possibly the Task Force
could help broker a solution so Mr. Williams could be provided the documents;
confused by the $600 fee; would urge resolution of matter where Mr. Williams
is not forced to use his personal time; feel the HRC is not operating in good
faith; HRC could lend documents to Mr. Williams to flag the ones he would
like copied.
Chair Bernstein stated HRC does not have a good reputation;
seems this is an opportunity to turn this around; what is logic of charging
Mr. Williams; perhaps HRC could lend him the documents to review what he wants.
Task Force Member Courtney stated Task Force should be
direct and firm in the Order of Determination; Task Force has the authorization
to deal with complaints on a case-by-case basis; this would not bind us with
respect to another complaint.
Task Member Planthold stated it looked like there were
two options-Mr. Williams to pay the full fee, or take his own time to scrutinize
the documents and select the pages he wants to have copied.
Task Member Guillory stated his main concern is whether
or not the Task Force will set a precedent if an exception is made.
Cathy Barnes stated the HRC feels it has fulfilled its
obligation under the Sunshine Ordinance; HRC is complying with the statutes
as set forth and are responding as they do to other requests.
Jackie Minor, City Attorney’s Office, stated the ordinance
does not have any provision that suggests lending copies of documents to send
home.
Under public comment, Gilbert Criswell spoke regarding
not being more receptive to Mr. Williams’ request.
Motion adopted directing the Human Rights Commission to
loan to Mr. Williams, by January 24, 2001, the documents requested by Mr.
Williams; Mr. Williams to indicate which of the documents he wants to have
copied; and Mr. Williams to pay only for those copies that are indicated by
Mr. Williams he wants to receive after he looks at the documents. (Courtney,
Kowalczuk) (Planthold no) (Brugmann, Mallare, Ray absent)
9. Order of Determination dated October 26, 2000, Complaint
of Davis/Reno, representing Local 21, AFL-CIO, against the Human Rights Commission.
10. Report of Administrator
The meeting adjourned at 6:45 p.m.
Submitted by Donna L. Hall, Administrator