December 19, 2000 Special

SUNSHINE ORDINANCE TASK FORCE

SPECIAL MEETING

MINUTES

Tuesday, December 19, 2000

4:00 p.m. City Hall, Room 408

Task Force Members

Roll Call

Present: Brugmann, Ray, Bernstein, Kowalczuk, Planthold, Guillory, Cauthen

Absent: Appel, Courtney, Mallare, Hogan

1. Approval of Minutes of November 28, 2000 (5 min)

2. Report from Chair (Hilda Bernstein) (5 min)

Attended meetings of the Complaint Committee; Rules Committee; Public Education & Information Committee not held.

Appointed an ad hoc committee to deal with issues of Conflict of Interest–Chair Bob Planthold; Members Judy Appel and Dan Guillory.

Meeting held with Mike Farrah of Supervisor Newsom's office; Gloria Young to include in the orientation of new Supervisors that all public comment time limits must be uniformly applied; Gloria Young will have on each Board of Supervisors and Committee agendas a statement that public comment shall be applied uniformly to members of the public wishing to testify; Mike Farrah to prepare a motion stating that the combination of agenda items requires the multiplication of time limits.

Annual Responsibilities and Objectives of the Task Force have been met to date.

Deputy City Attorney Jackie Minor reported on a meeting held with Chair Hilda Bernstein, Daniel Guillory and Bob Planthold and Planning Director Gerald Greene regarding noticing of planning items; Task Force Chair to schedule a meeting with Planning Commission President Theoharis. Discussion held among Task Force members regarding getting information to neighborhood groups and having them involved in discussions.

Bruce Brugmann moved, seconded by Bob Planthold, a memo be prepared for distribution to the Coalition of San Francisco Neighborhoods and a few other active neighborhood groups for their comment to Mr. Greene and back to the Task Force. No vote taken.

Discussion held among Task Force regarding preparing a memo. No action taken at this time. Any kind of formal notice will be addressed at a later time.

Public comment from:

Richard Knee; Possibly could come up with a list of organizations to be included in the distribution and put wording such as "this list shall include but shall not be limited to."

Christine Linnenbach; one of 27 neighborhood representatives that testified on this item; possibly send out memo to neighborhood organizations that are listed at the Planning Department; possibly posting on website.

Chair stated this item was not posted as an action item. If the Task Force wishes, this could be placed as an action item on the next agenda.

3. Report from Rules Committee

This report was continued to the January meeting.

3. Report from Complaint Committee

The Task Force recessed for 15 minutes; then reconvened.

5. Report of Public Education & Information Committee

6. Joint hearing of Dawn A. Clements and Harry Jamerson regarding violation of the Sunshine Ordinance by the Human Rights Commission

The Complaint Committee had determined the Sunshine Ordinance Task Force had jurisdiction over these complaints.

Raymond Willis, Attorney at Law, representing Dawn Clements, addressed the Task Force regarding Dawn Clements' complaint regarding MBE/WBE/LBE Special Advisory appointment and termination of committee members. Mr. Willis requested this complaint be referred to the District Attorney's Office for prosecution of a violation, or a referral to the State Attorney General's Office for an opinion as to whether a violation exists based on the findings. (See attached letter from Mr. Willis)

Virginia Harmon, Interim Director of the Human Rights Commission, addressed the Task Force stating the following:

Commission By-Laws Rule 20 and HRC Rules and Regulations Rule II.B govern the appointment of members to the Advisory Committee.

Terms on the Advisory Committee are not "renewable."

The Commission did not make a "secret decision" to change membership terms.

Public Meeting Laws are invoked when a quorum of the body is involved.

(See attached letter)

Dawn Clements addressed the Task Force reiterating her complaint of a violation of the Sunshine Ordinance by the Human Rights Commission. Dawn Clements stated she was appointed in August 1996 to fell a vacancy.

Catherine Barnes, Deputy City Attorney, representing the Human Rights Commission, stated Dawn Clements' appointment came from the Chair of the Human Rights Commission; stating the rules and regulations gave the Chair the authority to make the appointment.

Amy Ackerman, Deputy City Attorney, addressed the Task Force, outlined, by memo, the legal and procedural issues raided by the complaints of Dawn Clements and Harry Jamerson regarding the Human Rights Commission. This memo was a request of the Complaint Committee on December 7, 2000.

Motion adopted that the Sunshine Ordinance Task Force request the newly elected Board of Supervisors ask the State Attorney General for an opinion on these two complaints regarding a possible violation of the State Brown Act and the Sunshine Ordinance. (Brugmann/Planthold) (Appel, Courtney, Mallare, Hogan absent)

8. Public Comment

Richard Knee, School Board of Education presented resolution to their board to adopt the Sunshine Ordinance; requested any known implementation costs, or roadblocks, etc., so he might present the information to the Board of Education.

Christine Linnenbach addressed the Task Force during public comment about a letter prepared by the City Attorney's Office regarding retention of constituent correspondence for the Board of Supervisors; she stated she wanted to bring this to the attention of the Task Force because she was concerned that outgoing members of the Board of Supervisors were clearing out their offices and files and constituent correspondence was not being retained.

This item referred to the City Attorney's Office for review and follow-up to advise the Task Force what action the City Attorney's Office would recommend.

7. Report of Administrator

Chair Hilda Bernstein thanked the staff and the Task Force for the work accomplished this year.

The meeting adjourned at 5:50 p.m.

Submitted by Donna L. Hall, Administrator