September 26, 2000

SUNSHINE ORDINANCE TASK FORCE

MINUTES

Tuesday, September 26, 2000

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 Vacant Seat 11 Sue Cauthen

Seat 5 Tuesday Ray Ex-officio Gloria Young

Seat 6 Hilda Bernstein, Chair Ex-officio Vacant

Seat 7 Ted Kowalczuk

Roll Call

All present

1. Approval of Minutes of August 22, 2000

Approved. (Planthold/Appel)

2. Report from Chair (Hilda Bernstein)

Oral report.

3. Report from Ad Hoc Committee regarding City Email Policy (Paul Hogan, Chair)

This item was referred from the last meeting.

Discussion and possible approval of Committee recommendation to request City Attorney Office to prepare memo to all departments reiterating the email policy and outlining examples

Motion adopted requesting the City Attorney to prepare a statement of policy of retention and destruction of emails, to be widely distributed, and to be brought back to the Task Force for approval. (Hogan/Brugmann)

Jackie Minor, Deputy City Attorney, stated any memo from the City Attorney’s Office would be sent to the departments and the departments would distribute among their divisions.

Judy Appel stated it was her understanding the City Attorney’s Office would draft the memo, and the memo would go out under the Task Force.

Paul Hogan stated it was his impression the memo would go from the City Attorney’s Office.

Discussion and possible approval of draft letter to Mayor’s Office

Discussion and possible approval of draft letter to Planning Department

Report from Judy Appel regarding her discussion with Nick Pasquariello

Possible action item

The draft letters and Nick Pasquariello discussion were continued to the next meeting.

Rod Loucks, Department of Telecommunications & Information Services, addressed the Task Force. Paul Hogan asked Rod Loucks if there was a copy on a central email service of the email in question. Rod Loucks stated "no."

Judy Appel asked Rod Loucks if there was a way to retrieve the email. Rod Loucks stated departmental servers are administered by their IT staffs.

Rod Loucks to supply name of person who administers server in Mayor’s Office.

4. Report of Rules Committee (Bob Planthold, Chair)

Discussion and possible approval of Mission Statement of the Rules Committee

Motion adopted approving submitted Mission Statement of the Rules Committee (see attached). (Ray/Hogan)

Discussion and possible approval of the Work Program outlining the time frame for the Annual Report

Motion adopted authorizing the Rules Committee to take the lead in preparing the points to include in the Annual Report and to report back to the Task Force. (Appel/Cauthen)

5. Report of Public Education and Information Committee (Paul Hogan, Chair)

Discussion and possible approval of the Mission Statement and Work Program for the Public Education and Information Committee

Gloria Tulanowski addressed the Task Force stating the Sunshine Ordinance Task Force should indeed expand their responsibilities.

Motion adopted accepting Mission and Work Program of the Public Education & Information Committee (see attached). (Hogan/Guillory)

10. Public Comment

G. Jacobs, 230 Eddy Street, addressed the Task Force stating her concern with the direction that the City/County of San Francisco is going.

6. Report of Complaint Committee (Judy Appel, Chair)

Discussion and possible approval of the Mission Statement and Work Program for the Complaint Committee

Motion adopted approving Mission Statement and Work Program for Complaint Committee (see attached) (Planthold/Brugmann)

Complaints:

Gloria Tulanowski complaint

Motion adopted approving recommendation of the Complaint Committee as to their agreement with the memorandum from the Deputy City Attorney dated September 21, 2000 and presented to the Complaint Committee relative to the Tulanowski complaint as follows:(see attached) (Planthold/Guillory) (Brugmann no)

#1 yes

#2 yes

#3 yes

#4 no

#5 no

#6 yes

#7 no

#8 (i) yes

#8 *ii) no

#8 (iii) no

#8 (iv) yes

#8 (v) no

#9 (i) no

#9 (ii) yes

#9 (iii) yes

Judy Appel stated there was discussion in the Complaint Committee regarding the jurisdictional issue.

The decision of the Complaint Committee was to recommend a hearing on the Tulanowski complaint on September 26.

Bob Planthold left the meeting at this time.

John Jenkel complaints 13, 14, 15

The decision of the Complaint Committee was to recommend a hearing on the Jenkel complaints No. 13, 14, 15 on September 26.

The Complaint Committee has requested Sue Hestor be invited to the next meeting.

7. Hearing of Gloria Tulanowski: 7/13/00 complaint regarding Planning Department posting

Gloria Tulanowski addressed the Task Force stating her great concern regarding the noticing procedures of the Planning Department and Planning Commission regarding File No. 99.730 C.

Kenneth Chin, Planning Department, addressed the concerns of Gloria Tulanowski and outlined the Planning Department responses (see attached). These numbered responses coincided with the complaints as outlined in the memorandum from the Deputy City Attorney dated September 21, 2000 and presented to the Complaint Committee.

Sue Cauthen left the meeting at this time.

Tuesday Ray left the meeting at this time.

Major discussion among the Task Force regarding noticing procedures of the Planning Department, expressing thoughts that process should be over-inclusive noticing; stating some of the Planning Department policies could be revisited.

Kenneth Chin explained the process of notification and the registration list for groups to register to be notified of projects, stating the list is updated each quarter.

Bruce Brugmann inquired if the Planning Department would be open to creating a task force of Sunshine Ordinance Task Force members and neighborhood persons to deal with this issue. Kenneth Chin stated that is a possibility.

Hilda Bernstein inquired of Gloria Tulanowski if this matter was her complaint or was this a complaint from the Haight-Divisadero Neighborhood and Merchants Association. Gloria Tulanowski stated she was an advocate on behalf of Haight-Divisadero Neighborhood and Merchants Association.

Motion adopted to write a letter to the Planning Department expressing the Task Force’s concern of noticing process of the Planning Department, specifically as it relates to this complaint. (Appel/Brugmann) (Ray, Cauthen, Planthold absent)

Hilda Bernstein stated that before creating a task force, ask the President of the Planning Commission and the Director of the Planning Department to come to a meeting of the Sunshine Ordinance Task Force and have a discussion with the Task Force, and then based on the outcome of that meeting, possibly call for a task force.

Motion adopted to call a Special Meeting for representatives of the Planning Department and Planning Commission and from the public to discuss public noticing procedures. (Guillory/Brugmann)

Judy Appel left the meeting at this time.

8. Civil Grand Jury Interim Report and relevance to Task Force (Tuesday Ray).

This item was continued to this meeting.

This item referred to the Rules Committee to report back to the Task Force with a recommendation.

9. Monthly report from Sunshine Ordinance Task Force Administrator. (Donna Hall)

Report filed.

The meeting adjourned at 6:15 p.m.

Submitted by Donna L. Hall, Administrator