SUNSHINE ORDINANCE TASK FORCE
MINUTES
Tuesday, July 24, 2001
4:00 p.m., City Hall, Room 408
Task Force Members
Seat 1 Joshua Koltun Seat 8 Robert Planthold
Seat 2 Bruce Brugmann Seat 9 Daniel Guillory
Seat 3 Vince Courtney Seat 10 Paul Hogan
Seat 4 Marie Harrison Seat 11 Marjorie Ann Williams
Seat 5 Vacant Ex-officio Lillian Hare
Seat 6 Hilda Bernstein Ex-officio Hala Hijazi
Seat 7 Ted Kowalczuk
Roll Call: All present except: Harrison, Hare absent
Chair Bernstein introduced Carol Woodward, Counsel for the
Clements and Jamerson items; Ernest Llorente, Counsel from the City Attorney’s
Office for the Task Force; new Member Joshua Koltun.
1. Approval of Minutes of June 26, 2001.
Minutes approved. (Planthold/Guillory) (Hogan, Harrison
absent)
Member Hogan entered meeting at this time.
2. Complaints of Dawn Clements and Harry Jamerson of November
16, 2000 and November 30, 2000, related to appointments to the Minority/Women
Business Advisory Committee of the San Francisco Human Rights Commission. (20
min) Action item
Motion introduced that the Chair of the Human Rights Commission
acted properly, citation of the relevant section of the bylaws when they filed
to appoint Mr. Jamerson. (Courtney/ Hogan) Motion withdrawn
Motion introduced that the Chair of the Human Rights Commission
did violate the Sunshine Ordinance by failing to give proper notice and subsequently
held an improper meeting, and the subject matter of the meeting was the committee
seat of Mr. Jamerson, given the evidence provided. (Courtney/Brugmann)
Ayes: Brugmann, Courtney, Williams
Noes: Koltun, Bernstein, Kowalczuk, Planthold, Guillory,
Hogan
Absent: Harrison
The motion failed.
Motion introduced that the Task Force finds, given the
evidence, that the Chair of the Human Rights Commission did, in fact, violate
the Sunshine Ordinance by failing to give proper notice and subsequently holding
an illegal meeting, subject matter of that meeting being the seat of Dawn
Clements. (Courtney/Brugmann)
Ayes: Williams, Brugmann
Noes: Koltun, Bernstein, Kowalczuk, Planthold, Guillory,
Hogan
Absent: Harrison
The motion failed.
Order of Determination:
Finding that the Chair of the Human Rights Commission
had the power unilaterally to appoint or reappoint members of the MBE/WBE/LBE
Advisory Committee based on the evidence before the Sunshine Ordinance Task
Force. (Koltun/Hogan)
Ayes: Koltun, Courtney, Bernstein, Kowalczuk, Planthold,
Guillory, Hogan
Noes: Brugmann, Williams
Absent: Harrison
3. Report from Chair
(a) Outreach presentations
(b) Code of Conduct
(c) Complaint filed by Scott Trammell Moore against Task
Force Member.
Deputy City Attorney Llorente gave an overview of the
complaint and the response of the City Attorney’s Office, stating it was
his opinion the Task Force could not take any action on the complaint because
it would expose this Task Force and members to possible liability; his suggestion
this be referred to the Ethics Commission.
Member Koltun asked about recuse issues; Deputy City
Attoney Llorente stated this was because of members participation in the
original communication.
Chair Bernstein stated because of a lack of a quorum to
act on this complaint, she is referring this complaint to the Ethics Commission.
Bruce Brugmann addressed the Task Force as a member of
the public stating he does not conduct secret meetings; urge consideration
of serious issues of non-compliance with the Sunshine Ordinance.
Dawn Clements addressed the Task Force stating her concern
of inappropriateness of proceedings around her complaint.
Vince Courtney addressed the Task Force as a member of
the public stating his email was an acknowledgement that it was his opinion
that it was Paul Hogan that was providing information to the complainant;
suggested it is Paul Hogan who is the complainant; requested complaint be
recalled.
Marjorie Ann Williams addressed the Task Force as a member
of the public stating she knew nothing of this and hoped this complaint is
dismissed.
5. Public hearing, SEIU Local 790 & the Committee to
Save Our Services, against the Department of Public Health
Deputy City Attorney Llorente, stated Maria Martinez of
Department of Public Health, is one of the presentors, and he has not talked
with Maria about this item.
Linda Zaretsky, SEIU, addressed the Task Force, reiterated
their concerns of Bayview Hunters Point Foundation; do not see efforts being
made; no good faith effort to get consumers on the board; no evidence of vacancies
being circulated; not good notice of meetings; consumers that applied have
not had the courtesy of a response.
Dr. Wayzel Fuller, President of the Board of Directors,
Bayview Hunters Point Foundation, addressed the Task Force stating they had
been publicly seeking new board members, especially a consumer; vacancies
have been announced; information has been disseminated at public and community
functions; have responded to all individuals who requested packets.
Chair Bernstein expressed concern regarding the application
of Bayview Hunters Point Foundation
Member Courtney asked about by-laws. Dr. Fuller stated
the by-laws have been sent to the Sunshine Ordinance and have been in force
for a long time.
Member Planthold asked about vacancies and leaves of absence
and on-leave status and tracking of Board members and attendance requirements.
Dr. Fuller stated a leave was granted-not a part of the by-laws.
Member Kowalczuk asked about leave of absence. Dr. Fuller
said the absence has been over six months.
Member Hogan left the meeting at this time.
Maria Martinez, Department of Public Health, addressed
the Task Force, stating the questions of the Chair were addressed in the memo
they have provided.
Member Courtney left the meeting at this time.
Chair Bernstein asked if the Foundation had been placed
on notice with a time line that if they are not in compliance it will result
in certain actions on the part of the Department of Health. Maria Martinez
stated for this year the compliance is to be by December 31; at that time
we will work on this on a case-by-case basis.
Member Brugmann asked how many counts the Foundation is
out of compliance. Maria Martinez stated on one count, the consumer representation.
Female Speaker, SEIU representative, stated compliance
is happening is a cosmetic way; there is a problem with the quality of services
of Bayview Hunters Point Foundation.
Public comment by Nora Roman, volunteer coordinator, Emergency
Coalition to Save Public Health, expressed concern about problems and not
providing adequate service of Bayview Hunters Point Foundation.
Public comment by Louella Harris regarding posting of
notices in public places.
Public comment by Male Speaker regarding work of compliance
officers; compliance of contracts and services of contracts of aids services.
Damone Hale, employee of the Bayview Hunters Point Foundation,
stated he is confident in the Foundation.
Dr. Fuller stated she does care about Board; there is
representation over San Francisco on the Board; this issue today is if we
are in compliance, not the services of the Department.
Chair Bernstein asked about positions appointed from the
Board; Maria Martinez stated they do have something about community advisory
boards.
Order of Determination:
Finding that based on the memo from the Public Health
Department and the testimony, the Sunshine Ordinance Task Force finds that
the Bayview Hunters Point Foundation is not now in compliance with Section
12L and urge the Department of Public Health to take effective action to
bring them into compliance. (Planthold/Guillory)
Ayes: Koltun, Brugmann, Bernstein, Kowalczuk, Planthold,
Guillory, Williams
Noes: None
Absent: Courtney, Harrison, Hogan
Member Guillory encouraged all parties to check in with
us to talk about the progress that has been made on this process.
7. Public Comment
4. Report from Public Education & Information Committee
6. Report from Administrator
The report of the Administrator was submitted by Donna
Hall, Administrator.
Adjournment: Meeting adjourned at 6:30 p.m.
Donna L. Hall, Administrator
The 7/24/01 Sunshine Ordinance Task Force meeting has been
recorded and is on file in the Sunshine Ordinance Task Force Office.