SUNSHINE ORDINANCE TASK FORCE
REGULAR MEETING
MINUTES
Tuesday, May 22, 2001
4:00 p.m., City Hall, Room 408
Task Force Members
Seat 1 Vacant 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 Harrison Seat 11 Sue Cauthen
Seat 5 Tuesday Ray Ex-officio Lillian Hare
Seat 6 Hilda Bernstein, Chair Ex-officio Hala Hijazi
Seat 7 Ted Kowalczuk
Roll Call: Present: Brugmann, Courtney, Bernstein, Kowalczuk,
Planthold, Guillory, Hogan, Cauthen, Hare, Hijazi. Absent: Harrison, Ray
1. Approval of Minutes of April 24, 2001
Minutes approved as amended (Last line of paragraph 2
of page 2 deleted.)
(Guillory/Brugmann) Ayes: Brugmann, Bernstein, Kowalczuk,
Planthold, Guillory, Hogan, Cauthen. Noes: Courtney. Absent: Harrison, Ray
2. Report from Chair
(a) Welcomed new member Marie Harrison
(b) Attended Board of Supervisors Rules Committee
(c) Attended Coalition for San Francisco Neighborhoods
(d) Attended Public Education & Information Committee,
Ad Hoc Committee on Conflict of Interest Committee, and Complaint Committee
(e) Letter from Davis Reno regarding their complaint against
the Human Rights Commission
3. Report from Complaint Committee
Chair Daniel Guillory reported on the meeting of May 10,
2001.
(a) Clements & Jamerson complaints against the HRC
of November 16, 2000 and November 30, 2000
(a) Clements complaint of April 20, 2001
(b) SEIU complaint of May 2, 2001
Objection raised by Member Courtney regarding the Task
Force procedures discussing the report of the Complaint Committee.
Motion adopted accepting Complaint Committee recommendation
of jurisdiction on the Clements & Jamerson complaints against the HRC
of November 16, 2000 and November 30, 2000, and SEIU complaint of May 2, 2001.
(Guillory/Planthold) (Absent: Harrison, Ray)
Public comment from Dawn Clements regarding conflicts
of her complaints; independent counsel needed; there is not an ethical wall.
Moved by Member Courtney to request response from City
Attorney’s Office to the Sunshine Ordinance Task Force of May 22, 2001 letter
to the Sunshine Ordinance Task Force from Dawn Clements. Deputy City Attorney
Minor stated this item was not on agenda; therefore no action may be taken.
The May 22, 2001 letter referred to the Ad Hoc Committee
on Conflict of Interest.
4. Continued to June 26, 2001: Public hearing, Dawn
Clements and Harry Jamerson complaints of November 16, 2000 related to appointments
to the Minority/Women Business Advisory Committee of the San Francisco Human
Rights Commission
5. Continued to June 26, 2001: Public hearing, Dawn
Clements complaint of April 20, 2001 related to Deputy City Attorney assigned
to the Task Force
Member Bruce Brugmann left the meeting at this time.
6. Public hearing, SEIU Local 790 & the Committee to
Save Our Services, against the Department of Public Health
Linda Zaretsky, Local 790 and The Committee to Save Our
Services addressed the Task Force regarding Bayview Hunters Point Foundation
non-compliance; board remains closed; non-compliance with having two open
meetings per year; no opportunity to address membership on the Board or propose
candidates for membership; no knowledge of April meeting; no election took
place; no consumer position; no applications mailed when requested; vacancies
not posted in normal places; foundation has no presence in the community;
mental health programs in the bayview area are deteriorating.
Karen Patterson-Matthews, Executive Director, Bayview
Hunters Point Foundation, addressed the Task Force; would like to know how
Department of Public Health is represented and if the Department will speak
to this issue; would like to hear about Committee to Save Our Services that
has lodged the complaint.
Deputy City Attorney Minor stated the initial complaint
that came in was lodged against the Department of Public Health; the Department
of Public Health provided a response; the response was drafted by the Foundation
in April 2001; is this complaint against the Department of Public Health or
is it a complaint against a non-profit foundation.
Member Guillory stated it was against a non-profit foundation.
Deputy City Attorney Minor stated the Task Force was notified
initially because it appeared the Department of Public Health had not responded
to a complaint that it had received; if the Task Force is now satisfied that
the Department of Public Health responded to the complaint, then the record
should reflect that and we can proceed in your advisory role under Chapter
12L in hearing the complaint against the non-profit; the Task Force role under
Chapter 12L, unlike your role under the Sunshine Ordinance, is to issue an
advisory opinion after the department has issued a decision. We are proceeding
with this as a complaint against a non-profit, not a complaint against the
Department of Public Health.
Barbara Garcia, Department of Public Health, addressed
the Task Force, stating they have worked with Bayview Hunters Point Foundation
and Local 790; have placed Bayview in technical assistance; have been concerned
with compliance with requirements of by-laws; we believe Bayview should expand
their Board; at any given time boards will be out of compliance with their
members because they are volunteers; 790 concern is valid with regard to representation;
timeframe is we will be going before the Health Commission in the next couple
of months; Bayview will need to have a plan set; this is a long-term process;
we have a timeframe for the objectives; majority of dollars for funding come
from the Department of Public Health; Bayview is not in compliance with the
Sunshine Ordinance as of now.
Karen Patterson-Matthews, Bayview Hunters Point Foundation,
stated they are in compliance with the Sunshine Ordinance; if Department feels
there is a particular area of non-compliance, we need to know that; Barbara
Garcia stated the issue of by-law compliance of 790 bringing forth the composition
of the Board.
Karen Patterson-Matthews stated the Bayview Hunters Point
Foundation responded to the complaint that came to from the Department of
Public Health; two vacancies on the Board and they have been announced in
two formal announcements; the Foundation has held its designated public meetings;
held the two meetings in the 2000 contract year and will do so in 2001; public
testimony provided for in Board meetings; meetings are open meetings; was
a meeting in April; all information is current and up-to-date; have met all
requirements; announcement of vacancies outline the expertise we need; Foundation
is currently involved in a strategic planning process; one area is Board development
and representation and consumer involvement; in public meetings has been stated
the Foundation is not opposed to consumer representation.
Karen Patterson-Matthews stated regarding the Foundation
being out of compliance relative to the Board and by-laws, the Sunshine Ordinance
does not stipulate the size of the Board; Foundation is non-profit and Board
members set guidelines; notice of Board meetings are announced at the programs;
public meetings are announced to Clerk of Board of Supervisors, all the programs,
Department of Public Health, community library and SF public library; notice
of vacancies has not been sent to all of those places; since these discussion
we will make sure the vacancies follow this same schedule; Board members were
elected in April.
Faye Rowe, Local 790, complaints of notice of meeting,
posting of vacancies, Board composition, refusal to give applications to consumers,
are founded in fact.
Linda Zaretsky, Local 790; no election in April; no one
was contacted.
Request Karen Patterson-Matthews return with answers to
the questions the Task Force has.
Female speaker asked if a notice of meeting is requested,
if it will be provided.
Karen Patterson-Matthews stated yes.
Barbara Garcia stated non-compliance is with regard to
makeup of the Board; guidelines have been outlined as part of the technical
assistance; the process has not yet been completed; Sunshine Ordinance is
part of the contract.
Hala Hijazi left the meeting at this time.
Member concerns regarding April meeting, vacancies, consumer
representation, membership notification, election of April; outreach; tangible
data; requested proof of documents.
Public comment from Roy Harrison regarding consumer representation
on Board, not well treated; do not receive proper notices.
Public comment from female speaker regarding technical
assistance provided to Foundation; where is the technical assistance. Barbara
Garcia stated regarding the organization that was provided a contract, we
are deciding what the next stage is; first stage was looking at the Foundation;
they reported back to the Commission; met its obligation to the Commission.
Public comment female speaker regarding technical assistance;
met with person and they were to get back to us; have not heard from them.
Public comment from female speaker, Bayview Hunters Point
Mental Health, stating the Foundation is in compliance; complainants have
appeared before number of groups.
Public comment from Donna Wolf stating a fresh new Board
would make members accountable.
Public Comment from Karen Patterson-Matthews stating nothing
was done improper; notices were given; commended Board members; we will provide
what is requested.
Public comment from Carla Thurston regarding consumer
membership; never received a response from Board.
Motion adopted continuing this hearing to June 19, 2001
Task Force meeting and ask respondents to complaint bring documents to assertions;
Department provide tangible evidence of oversight, guidelines developed, and
a timeline; copy of by-laws, meeting minutes of April meeting. (PlantholdCauthen)
(Absent: Brugmann, Harrison, Ray)
Deputy City Attorney Minor stated the contracting department
has primary responsibility for Chapter 12L; 12L authorizes the Sunshine Ordinance
Task Force to issue an advisory opinion; the complainant has only ten days
to appeal to the Board of Supervisors after the Department has taken action
or the Task Force has issued its advisory opinion; under this ordinance even
the action of the Board of Supervisors is considered non-binding; the complainant
during this period could elect to go the Board of Supervisors.
10. Public Comment
7. Report from Ad Hoc Committee Regarding Conflict of Interest
8. Report from Public Education & Information Committee
Chair Paul Hogan reported on meeting of May 9
--Outreach letter finalized
--Webpage to be updated
--Meeting with Mayor’s Office of Neighborhood Services
--Meeting with San Francisco Coalition of Neighborhoods
--Meetings to be held with groups not covered by Sunshine
Ordinance
9. Report of Administrator
Administrator Donna Hall submitted written report.
--Complaint log
--Communications log
--Memo from Lillian Hare regarding advertising costs
--By-laws section
--Commendation letter to Fire Department on retrieval
of records
The meeting adjourned at 6:30 p.m.
Donna L. Hall, Administrator