SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, January 28, 2003
4:00 p.m., City Hall, Room 408
Task Force Members
Seat 1 Joshua Koltun
Seat 2 Bruce Brugmann
Seat 3 Richard Knee
Seat 4 Marie Harrison
Seat 5 Heather Sterner
Seat 6 Doug Comstock
Seat 7 Sue Cauthen
Seat 8 Garrett Jenkins
Seat 9 David Parker
Seat 10 Alexandra Nickliss
Seat 11 Marjorie Ann Williams
Ex-officio Hala Hijazi
Ex-officio Donna Hall
Note: First name after motion indicates initiator of motion; second name indicates seconder of motion. All motions unanimous except as noted.
The meeting convened at 4:00 p.m.
Roll Call: Present: Brugmann, Knee, Sterner, Comstock, Cauthen, Jenkins, Parker, Nickliss, Williams, Hall, Hijazi. Absent: Koltun/Harrison. (Koltun entered meeting after Item #1) (Harrison entered meeting during Item #4)
1. Approval of minutes of December 17, 2002.
Motion adopted to approve the Minutes. (Knee/Nickliss) (Absent: Koltun, Harrison)
Member Koltun entered the meeting at this time.
2. Report from the City Administrator on progress of Index of Records.
Member Koltun entered the meeting at this time.
Jill Lerner from the City Administrator's office presented an oral report on the progress of the Index of Records.
Motion adopted that the Sunshine Ordinance Task Force send a letter of commendation for Jill Lerner's work on the Index of Records. (Comstock/Nickliss). (Absent: Harrison)
3. Report from Complaint Committee meeting of January 9, 2003.
Committee Chair Cauthen reported on the Complaint Committee meeting of January 9, 2003 and the "Basic Form to Assist the Task Force in Hearing Evidence."
(a) Draft minutes of January 9, 2003.
(b) Recommendation to approve jurisdiction of complaint of Michael Stoll v. Board of Supervisors.
Motion adopted to accept jurisdiction of Michael Stoll's complaint v. Board of Supervisors (Cauthen/Jenkins). (Absent: Harrison)
(c) Basic questions to assist the Task Force in hearing evidence regarding complaints.
4. Public hearing, complaint of Michael Stoll v. Board of Supervisors regarding failure to release information.
Michael Stoll addressed the Task Force in support of his complaint.
Dorji Roberts, Deputy City Attorney representing the Board of Supervisors Office, addressed the Task Force.
Public comment from Tom Burke, Attorney-at-Law, regarding his concern about the degree of opposition to the complainant's basic request.
Motion introduced to adopt the following Resolution as follows: (Brugmann/Nickliss)
Resolved: Consistent with the California Public Records Act and the City and County's Sunshine Ordinance, the City and County of San Francisco shall make available for public inspection and copying, the records of all telephone and cell calls made by City employees (including elected officials) using equipment paid for by public funds. Providing such access is in the public interest and provides a check on potential abuses of public funds. Access to these records should take place without any redactions. If revealing a particular telephone number shall constitute an unwarranted invasion of privacy, the City should make every effort to provide as much information as possible, as required by state and local law. For example, in such circumstances, the last three digits of a particular telephone number may be redacted. Any such redactions made by the City may be challenged and subject to further review by the Sunshine Task Force or the courts.
Motion withdrawn by Member Brugmann.
Member Harrison entered the meeting at this time.
Motion introduced that the Sunshine Ordinance Task Force issue an Order of Determination finding that the Board of Supervisors violated the Sunshine Ordinance in not providing unredacted telephone records of the Supervisors to Mr. Stoll and that this matter be referred to the Ethics Commission unless the unredacted records are provided to Mr. Stoll within 14 calendar days. (Knee/Comstock).
Motion adopted to amend the above motion to remove the section "that this matter be referred to the Ethics Commission unless the unredacted records are provided to Mr. Stoll within 14 calendar days." (Koltun/Comstock)
Member Knee accepted the amendment to the motion.
Order of Determination adopted that the Sunshine Ordinance Task Force finds the Board of Supervisors in violation of the Sunshine Ordinance in not providing unredacted telephone records to the Complainant. (Knee/Comstock) (Ayes: Williams, Cauthen, Comstock, Harrison, Knee, Brugmann, Koltun) (Noes: Nickliss, Parker, Jenkins, Sterner)
5. Report from Compliance & Amendments Committee meeting of January 8, 2003.
Committee Chair Sterner reported on the Compliance & Amendments Committee meeting of January 8, 2003.
(a) Draft minutes of January 8, 2003.
(b) Withdrawal of referral to Ethics Commission regarding Cockrell complaint.
The consensus of the Task Force was that the Cockrell complaint remains with the Ethics Commission.
6. Discussion of Senate Constitutional Amendment 7.
Continued to the next meeting.
7. Discussion of possible community meetings as part of the Sunshine Ordinance review process.
Continued to the next meeting.
8. Report from Administrator.
Written report submitted by Administrator Donna Hall.
9. Public comment.
10. Future agenda items.
February meeting: a discussion of the approval process for staff complainants and Task Force members regarding investigating violations of the Sunshine Ordinance.
The meeting adjourned at 6:20 p.m.
Submitted by Donna L. Hall, Administrator
*The January 28, 2003 Sunshine Ordinance Task Force meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office.