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September 25, 2001

 

 

 


SUNSHINE ORDINANCE TASK FORCE

MINUTES

Tuesday, September 25, 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          Vacant
Seat 6                    Hilda Bernstein                    Ex-officio          Hala Hijazi
Seat 7                    Ted Kowalczuk

Call to Order

Roll Call:           Present: Koltun, Harrison, Bernstein, Kowalczuk, Planthold, Guillory, Hijazi
          Absent: Brugmann, Courtney, Hogan, Williams
          
1. Approval of Minutes of August 28, 2001. (Guillory/Planthold) Ayes: Koltun, Harrison, Bernstein, Kowalczuk, Planthold, Guillory. Noes: None. Absent: Brugmann, Courtney, Hogan, Williams.

8. Public hearing, complaint of Jerry McDonald against Planning Department regarding posting of notices and public comment.

There not being a quorum for voting, the public hearing was continued to a Special Meeting on October 2, 2001. Persons present on behalf of the Complainant were: David Monks, Vicki Rosen, Susan McDonald, Jerry McDonald. Gerald Green, Director of Planning, was present on behalf of the staff.

2. Annual Sunshine Ordinance Task Force training
          
          This item was continued to a future meeting.

3. Report from Chair Hilda Bernstein

(a) Scott Trammell Moore complaint

Chair Bernstein reported:

"This was not my complaint; because of the many people who had to be recused, we did not have a quorum to deal with that complaint; prior to that, the Complaint Committee could not put together a quorum to deal with that complaint because two of the members of the Complaint Committee were in one way or another involved in this; because we could do nothing with the complaint but yet could not ignore it or drop it, it seemed to me-I could not even ask people to take a vote on what I should do-there was no quorum-seemed to me the logical thing to do was to move the complaint over to the Ethics Commission which I did then, and there is a letter in your packet that explains to the Ethics Commission why I was moving it-we could not do anything with it; subsequently I made some inquiries about whether or not Mr. Moore had come in to sign the complaint because it was his complaint, not mine or the Task Forces-I was told that he had not come in to sign the complaint-he had to sign the complaint before the Ethics Commission-I believe that several weeks had occurred prior to the time he came here and I had sent it to the Ethics Commission and the time I made the inquiry-given the fact that Mr. Moore had not signed the complaint, it seemed to me that there was no complaint-without his signature before the Ethics Commission, there was no complaint before the Ethics Commission; therefore I wrote a letter to the Ethics Commission telling them that under those circumstances there didn’t seem to be any way in which they could proceed-period. That’s the story and sequence of events regarding the movement of the Moore complaint to the Ethics Commission."

Deputy City Attorney Llorente stated that given the problems that were generated by the situation, he recommended the action of the Chair.
                    
(b) Current Ad Hoc Committee on Conflict of Interest

This committee has concluded that the question of whether there was an ethical walling off of the Counsel advising the Task Force has been concluded; and now that the Task Force has adopted the requirements of economic interests, this committee has completed its charge.
                    
(c) Attendance at Standing Committees

The issue of attendance will be addressed at a future time.

(d) Annual Report

Requested input to the Annual Report by October 15.

(e) Letter from City Attorney regarding Deputy assigned to Task Force

Letter submitted to the Task Force from the City Attorney confirming Deputy City Attorney Ernest Llorente as the Counsel to the Task Force; letter also submitted to the Task Force from the City Attorney stating Mr. Llorente performs his advice and representation duties to the Task Force separately from other Deputy City Attoneys who advise other departments on matters over which the Task Force has jurisdiction.

(f) Letter from Bayview Hunters Point Foundation

Letter submitted in response to the Task Force request they report to the Task Force their progress. Administrator to send a follow-up letter requesting further information.

10. Public comment

Public comment from Jim Kennedy regarding Taxi Commission public meeting processes and problems with obtaining records.

4. Administrator’s Report

Donna Hall reported on activities since the last Task Force meeting.

5. Report from Public Education & Information Committee

Chair Daniel Guillory reported on the Committee meeting of September 6, 2001. This item continued until the next meeting.

6. Report from Rules Committee

Chair Bob Planthold reported on the Committee meeting of September 19. This item continued until the next meeting.

7. Report from Complaint Committee

Committee member Joshua Koltun reported on the Committee meeting of September 19, 2001, stating the Committee found the Task Force had jurisdiction over the Jerry McDonald complaint against the Planning Department. Deputy City Attorney Llorente stated his letter addressed to the Complaint Committee finding non-jurisdiction over this complaint was based on evidence he had before the Committee meeting; because of additional evidence submitted at the Committee meeting, he agreed the Task Force had jurisdiction over this complaint.

9. Public hearing, Mission Girls Service Committee complaint against the YWCA for alleged violation of Section 12L of the Administrative Code.

This public hearing postponed to October Task Force meeting at request of complainant.

The meeting adjourned at 5:40 p.m.

Submitted by Donna L. Hall, Administrator



* The 9/25/01 Sunshine Ordinance Task Force meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office.

Last updated: 8/18/2009 1:57:05 PM