SUNSHINE ORDINANCE TASK FORCE
MINUTES
Tuesday, August 28, 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 Williams
Task Force Chair Bernstein introduced Ernest Llorente, Deputy City Attorney, who will be assigned to the Task Force.
Member Brugmann asked about the conflict of interest issue. Deputy City Attorney Llorente stated this was being developed and would be placed in writing.
Administrator Donna Hall introduced Adele Destro representing the Clerk of he Board Office on an interim basis. Lillian Hare has resigned.
1. Approval of Minutes of July 24, 2001. (Guillory/Planthold) (Williams, Courtney absent)
Member Courtney entered meeting at this time.
2. Report from Chair
(a) Request of Member Joshua Koltun for discussion on general question of how it may be appropriate for members of a policy body to communicate with each other prior to the date of a public session about items on the agenda
Member Planthold suggested any groups invited first send the Task Force something in writing to help us fashion questions, rather than having a free-ranging forum.
Member Koltun to prepare a draft letter for proposed invitation and comments for participation on general panel discussion for public forum.
Consensus among members for the above approach.
(b) Complaint filed by Scott Trammell Moore
Chair Bernstein stated that Scott Trammell Moore has officially signed a complaint with the Ethics Commission (the same complaint filed with the Task Force) against a member of the Task Force; because of Mr. Moore’s officially signing the complaint, she has withdrawn her request to the Ethics Commission forwarding Mr. Moore’s complaint filed with the Task Force.
Member Brugmann stated he felt this was an inappropriate process; recommend that when something like this comes up the Chair not take these actions without discussion and without a motion of the Task Force.
Member Koltun stated it appears the letter from the Ethics Commission stating that the Chairperson is the complainant is an error.
Chair Bernstein stated that because of the number of people involved it was impossible to have a quorum to vote on this or to take any action.
Member Courtney stated he did not feel this was a legitimate complaint.
Item No. 2 continued below before Item No. 7.
5. Discussion of San Francisco Conflict of Interest Code; resolution approving a Conflict of Interest Code for the Sunshine Ordinance Task Force
Abe Friedman and Chad Jacobs, Deputy City Attorneys, presented to the Task Force information on a Conflict of Interest Code that jurisdictions can adopt and submitted a proposed resolution approving a Conflict of Interest Code for the Sunshine Ordinance Task Force.
Item No. 5 continued after Item No. 9.
6. Report from the City Administrator on progress of index of records
Jill Lerner, City Administrator’s Office, presented to the Task Force an update on the progress of the index of records; presented by computer the work in progress; submitted letters of request.
Member Courtney left the meeting at this time.
9. Public comment
Joseph Partnasky spoke during public comment regarding the index and Sunshine Ordinance Task Force information availability.
5. Continued from above.
Member Koltun asked about adoption of the Conflict of Interest Code; code provision that whenever a complaint comes before the Task Force, would disclosure requirements require me to disclose all clients of my firm. Chad Jacobs stated FPPC had different standards and depends on the amount of interest in the firm and amount of business the clients give. Member Koltun asked about advocacy and he being a practicing media attorney-am I banned from advocating. Abe Friedman stated advice should be sought on each issue.
Member Guillory asked about political activity. Chad Jacobs stated campaigning for or against a candidate-things like that-difficult to get blanketed advice-contact City Attorney’s Office or Ethics Commission for advice. Member Guillory asked about advocacy. Chad Jacobs stated that was a question for the Ethics Commission; Member Guillory asked about non-profit interests. Chad Jacobs stated could be implicated in fiduciary matters.
Chair Bernstein asked if this Conflict of Interest Code was optional for the Task Force. Chad Jacobs stated any public official who has the capacity of making decisions is subject to the law; prior to Prop G this body was an advisory body; after Prop G there was still an open question as to whether this body would be making decisions; over a period of time it has been established this body is a normal board or commission and has the power to participate in governmental decisions.
Member Brugmann stated he assumed we are clear in representing sunshine and open government issues; Chad Jacobs stated 90% of the time yes; yet is difficult to imagine every possible situation; if you think for some reason that any decision you are participating in could have any financial effect on any of your economic interests, you take the time to give us a call, or the Ethics Commission a call and we will help you.
Member Planthold left the meeting at this time.
Member Harrison asked about being a member of other groups in the community. Chad Jacobs stated this Code should not change anything; the members were already subject to most of these laws.
Resolution adopted approving a Conflict of Interest Code for the Sunshine Ordinance Task Force. (Resolution attached) (Guillory/Hogan) (Courtney, Williams, Planthold absent)
2. Continued from above.
(c) Sole Source contract responses
(d) Standing Committees
Chair Bernstein stated Member Kowalczuk will serve on the Public Education & Information Committee until such time as another member is appointed to the Task Force.
(e) Task Force training
(f) Deputy City Attorney assignment to Task Force
7. Report from Public Education & Information Committee
Chair Hogan reported status of web site; Sunshine Ordinance Task Force representatives spoke before the Libertarian Party.
8. Report from Rules Committee
3. Administrator’s Report
Donna Hall, Administrator, presented report outlining current communications log; complaint log; progress of Sunshine Ordinance Declarations; and copies of letters received.
4. Public hearing, Mission Girls Service Committee complaint against the YWCA for
alleged violation of Section 12L of the Administrative Code. (Postponed to September Task Force meeting at request of complainant.)
This item set for September meeting.
The meeting adjourned at 6:05 p.m.
Donna L. Hall, Administrator
* The 8/28/01 Sunshine
Ordinance Task Force meeting has been recorded and is on file in the Sunshine
Ordinance Task Force Office.