SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, April 22, 2003
4:00 p.m., City Hall, Room 408
Task Force Members
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Seat 1
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Joshua Koltun
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Seat 8
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Garrett Jenkins
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Seat 2
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Bruce Brugmann
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Seat 9
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David Parker
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Seat 3
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Richard Knee
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Seat 10
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Alexandra Nickliss
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Seat 4
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Marie Harrison
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Seat 11
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Marjorie Ann Williams
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Seat 5
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Heather Sterner
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Ex-officio
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Hala Hijazi
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Seat 6
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Doug Comstock
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Ex-officio
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Donna Hall
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Seat 7
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Sue Cauthen
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Note: First name after motion indicates initiator of motion; second name indicates seconder of motion. All motions unanimous except as noted.
Roll Call: All present. (Harrison entered meeting after Item #1)
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1.
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Approval of minutes of March 25, 2003.
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Minutes approved as amended. (Jenkins/Nickliss) (Harrison absent)
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2.
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Complaint filed by Marcia Perez under Administrative Code 12L against Central American Resource Center for alleged violations of holding board meetings and retrieval of budget.
Marcia Perez, Complainant, addressed the Task Force.
Ramon Cardona, Central American Resource Center, addressed the Task Force.
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Member Harrison entered the meeting at this time
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Based on the information provided the Task Force from Complainant Marcia Perez and from representatives from the Central American Resource Center, the following Order of Determination was adopted: (Brugmann/Jenkins)
CARECEN to provide Marcia Perez the following:
- Budget for 2002/2003
- Tax return for 2001 with attachments
- Financial audits for the last two years
Information to be provided to Marcia Perez within the next few days.
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3.
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Report from Complaint Committee meeting of April 8, 2003.
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a.
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Draft minutes of April 8, 2003.
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b.
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Recommendation to approve/disapprove jurisdictional letter regarding complaint of Peter Warfield against the San Francisco Public Library Commission for failure to provide records.
Comment from Catharine Barnes, Deputy City Attorney regarding jurisdiction of the complaint.
Public comment from Peter Warfield regarding unreasonable delay in producing documents. (See attached summary of Mr. Warfield’s comments.)
Public comment from Emeric Kalman regarding Library submission of public records.
Public comment from female speaker regarding copies of minutes.
Motion adopted approving the Complaint Committee recommendation of jurisdiction of this complaint. (Cauthen/Nickliss) (Parker no)
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4.
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Public hearing, complaint of Peter Warfield against the San Francisco Public Library Commission for failure to provide records.
Member Cauthen stated she did not feel she had a conflict of interest regarding this complaint.
Peter Warfield, Complainant, addressed the Task Force.
Catharine Barnes, Deputy City Attorney, addressed the Task Force.
Public comment from Emeric Kalman regarding delay in receiving public records.
Susan Hildreth, City Librarian, addressed the Task Force.
Michael Housh, Commission Secretary, addressed the Task Force.
Motion introduced to dismiss the complaint. (Parker/Sterner) (Ayes: Koltun, Sterner, Parker) (Noes: Brugmann, Knee, Harrison, Comstock, Cauthen, Jenkins, Nickliss, Williams) The motion failed.
Based on the information provided the Task Force from Complainant Peter Warfield and from representatives from the San Francisco Public Library, the following Order of Determination was adopted as follows: (Harrison/Knee) (Ayes: Brugmann, Knee, Harrison, Comstock, Cauthen, Jenkins, Williams) Noes: Koltun, Sterner, Parker, Nickliss)
The information requested from Complainant was not provided in a timely manner and the San Francisco Public Library violated Section 67.25 (d) of the Sunshine Ordinance.
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Member Cauthen left the meeting at this time.
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5.
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Report from Public Education & Information Committee.
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Draft minutes of April 10, 2003.
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Committee Chair Bruce Brugmann reported on the Committee meeting of April 10, 2003.
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6.
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Administrator’s Report.
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Written report submitted by Administrator Donna Hall.
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7.
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Public comment for items not listed on the agenda.
Public comment from Maurice Campbell regarding filing a complaint.
Public comment from Peter Warfield regarding amendments to the Sunshine Ordinance.
Public comment from Emeric Kalman regarding Park and Recreation public meetings.
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8.
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Future agenda items.
None
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The meeting adjourned at 7:05 p.m.
Submitted by Donna L. Hall, Administrator
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*The April 22, 2003 Sunshine Ordinance Task Force meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office
Comments from Mr. Peter Warfield:
- For the 4/22/03 SOTF meeting, under Report from Complaint Committee meeting public comment.
I respectfully but vigorously disagree with the jurisdiction letter of the Task Force’s (SOTF’s) Deputy City Attorney (DCA). It says the SOTF has no jurisdiction because the Library provided access to the Richmond Branch Library Expansion and Renovation Proposition 14 Application eight days after my request.
First, Sunshine says requested material must be provided "without unreasonable delay" [67.21(a)], and "as soon as possible and within 10 days" [67.21(b)]. Ten days is not automatically allowed, as argued by the DCA.
Second, a document listed on the agenda as being available now should be provided promptly. Third, parts of the document were completed months earlier – one section 10 years ago. These portions should have been provided more promptly than in eight days.
Finally, the argument that "I got what they (the Commissioners) got" is irrelevant. I asked for material independently from the Commission and should have received it promptly and in full.