SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, March 25, 2003
3:00 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.
Roll Call: Present: Koltun, Knee, Sterner, Comstock, Cauthen, Jenkins, Parker, Nickliss, Williams, Hall. Absent: Brugmann, Harrison, Hijazi.
- Approval of minutes of February 25, 2003.
Minutes approved. (Nickliss/Parker) (Absent: Brugmann, Harrison)
- Discussion of Senate Constitutional Amendment 1.
Motion adopted to send a letter to the Board of Supervisors and the Mayor urging the Board of Supervisors and the Mayor to endorse Senate Constitutional Amendment 1. (Knee/Parker) (Absent: Brugmann, Harrison)
- Discussion of possible community meetings as part of the Sunshine Ordinance review process.
Consensus that the Compliance and Amendments Committee would be the appropriate Committee to hold community meetings.
- Report from Rules Committee meeting of December 17, 2002.
Committee Member Parker reported on the Rules Committee meeting of December 17, 2002. A discussion was held regarding the proposed draft guidelines for Sunshine Ordinance Task Force members who are aware of public records and/or public meeting-laws violations. Chair Koltun and Deputy City Attorney, Ernest Llorente will meet to discuss amended language.
Public comment from Raymond Smith regarding filing third party complaints.
- Report from Public Education & Information Committee meeting of February 13, 2003.
Member Jenkins reported on the Public Education & Information Committee meeting of February 13, 2003 and discussed web capabilities for Sunshine information. Member Parker recommended that the Public Education Committee go out into the community to educate non-profits about Sunshine.
- Report from Complaint Committee meeting of March 11, 2003. Committee Chair Cauthen reported on the Complaint Committee meeting of March 11, 2003.
Motion adopted to accept both jurisdictional letters regarding the complaints of Anthony Imperial. (Knee/Parker). (Absent: Brugmann, Harrison)
--Complaint (dated 1/6/03) of Anthony Imperial against the Human Rights Commission for failure to provide records.
--Complaint (dated 1/14/03) of Anthony Imperial against the Recreation & Park Department for failure to provide records.
- Public hearings after a determination of jurisdiction regarding Anthony Imperial complaints.
- Complaint (dated 1/6/03) of Anthony Imperial against the Human Rights Commission for failure to provide records. Mr. Imperial addressed the Task Force in support of his case. Mr. Villacarlos representing the Human Rights Commission addressed the Task Force.
Order of Determination adopted that pursuant to the stipulations by the parties of this complaint, the Human Rights Commission, within ten business days of the date of this order, will search for and produce any HRC Form 3 documents in its possession (including documents in archives) that were filed by vendors through the Recreation and Parks Department or the Port, relating to leases and concessions (i.e., of entities that "rent space, engage in lawful commerce, or do anything on City property"). In addition, HRC will provide any blank copies of Form 3 that have existed over time. (Knee/Nickliss) (Absent: Brugmann, Harrison).
- Complaint (dated 1/14/03) of Anthony Imperial against the Recreation & Park Department for failure to provide records. Continued for sixty days.
- Public comment.
Public comment from Maurice Campbell, Community First Coalition, regarding a program called Mcubed funded by the San Francisco Department of Environment.
Public comment from Joe Fusco regarding Department standards for providing Sunshine information.
Public comment from Tom Johnson, Professor of Journalism San Francisco State University, regarding making Sunshine data available in a digital format and educating City employees on Section 67.21(l).
Public comment from Peter Warfield regarding what role the Sunshine Ordinance Task Force takes with regard to interpreting Section 67.30(c).
- Report from Compliance & Amendments Committee meeting of March 18, 2003.
Committee Chair Sterner reported on the Compliance & Amendments Committee meeting of March 18, 2003. A meeting will be set up with Mr. Planthold, the newly elected Chair of the Ethics Commission to discuss concerns with Ethics Commission responses on Sunshine referrals. Chair Koltun and the Administrator will work together to draft a letter to the Recreation and Park Commission requesting that their Standing Committees take meeting minutes and request a response by a certain date. Member Nickliss will draft ideas in consultation with Deputy City Attorney Llorente about how the Sunshine Ordinance can be amended to develop penalties for non-compliance.
- Report from Administrator.
Report given.
- Future agenda items.
--12L regulations
--Guidelines for Task Force Members relating to public records complaints
The meeting adjourned at 6:30 p.m.
Submitted by Donna L. Hall, Administrator
*The March 25, 2003 Sunshine Ordinance Task Force meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office.