SUNSHINE ORDINANCE TASK FORCE
*MINUTES
Tuesday, June 24, 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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Pawan Mehra
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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: Present: Brugmann, Knee, Mehra, Sterner, Cauthen, Jenkins, Parker, Nickliss, Williams. Absent: Koltun, Comstock
Agenda Changes: Item 4 to be taken after Item 6.
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1.
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Approval of minutes of May 27, 2003.
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Minutes approved. (Parker/Nickliss) (Absent: Koltun, Comstock)
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2.
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Report from Compliance & Amendments Committee
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Oral report from Chair Sterner.
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3.
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Report from Complaint Committee.
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a.
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Oral report from Chair Cauthen
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b.
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Jurisdictional letter of complaint of Michael Stoll against the Department of Elections for failure to provide records.
Motion adopted approving jurisdiction of the complaint of Michael Stoll. (Cauthen/Parker) (Absent: Koltun, Comstock)
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c.
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Jurisdictional letter of complaint of Dan Boreen against the Fire Department for failure to provide records.
Motion adopted approving jurisdiction of the complaint of Dan Boreen. (Cauthen/Parker) (Absent: Koltun, Comstock)
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5.
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Public hearing, complaint of Dan Boreen against the Fire Department for failure to provide records.
Complainant Dan Boreen addressed the Task Force in support of his complaint.
Fire Department Assistant Deputy Chief Lorrie Kalos addressed the Task Force in support of the Fire Department.
Motion adopted to continue this item to the Task Force meeting of July 22, 2003 and request Deputy Chief Asaro and Assistant Deputy Chief Joanne Hayes-White attend the meeting. (Nickliss/Parker) (Absent Koltun, Comstock)
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10.
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Public comment for items not listed on the agenda.
Public comment from Jason Grant Garza regarding the decisions of the Sunshine Ordinance Task Force.
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6.
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Public hearing, complaint of Michael Stoll against the Elections Department for failure to provide records.
Complainant Michael Stoll addressed the Task Force in support of his complaint.
Suzanne Berg, representing the Department of Elections, addressed the Task Force stating the unredacted phone bills could be released.
Order of Determination adopted as follows: (Parker/Sterner) (Absent: Koltun, Comstock)
- The Department of Elections has the requested records, and
- There is no right to privacy of the telephones assigned to poll workers, and
- The records requested will be released unredacted.
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4.
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Public hearing, complaint of Jason Grant Garza against the City Attorney’s Office for failure to provide records.
Complainant Jason Grant Garza addressed the Task Force regarding his complaint.
Scott Burrell, representing the City Attorney’s Office, addressed the Task Force.
Order of Determination adopted as follows: (Cauthen/Nickliss) (Ayes: Brugmann, Knee, Mehra, Sterner, Cauthen, Jenkins, Parker, Nickliss, Williams) (Noes: None) (Absent: Koltun, Comstock)
- The City Attorney’s Office is in violation of the Sunshine Ordinance in not responding in a timely fashion to the Immediate Disclosure request, and
- There is no violation of the Sunshine Ordinance in not providing attorney notes that are under the Attorney Work Product Privilege provision.
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7.
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Reconsideration of Order of Determination of complaint of Peter Warfield against the San Francisco Public Library for failure to provide records.
Michael Housh, representing the San Francisco Public Library Commission, addressed the Task Force in support of the Library Commission’s request that the Task Force take action to rescind the Order of Determination adopted April 22, 2003.
Public comment from Peter Warfield requesting the Task Force not reconsider the Order of Determination.
Public comment from Jason Grant Garza regarding responding to public records in a timely manner.
Public comment from Joan Girardot requesting the Task Force not reconsider the Order of Determination.
Public comment from Emeric Kalman requesting the Task Force not reconsider the Order of Determination.
Public comment from David Green requesting the Task Force not reconsider the Order of Determination.
No action taken by the Task Force.
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8.
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Consideration of Ethics Commission representation to the Task Force.
Consensus of the Task Force that the Chair of the Task Force meet with the Chair of the Ethics Commission to discuss the benefits of a liaison between the Task Force and the Ethics Commission.
Public comment from Jason Grant Garza regarding the Ethics Commission.
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9.
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Administrator’s Report.
Written report submitted.
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11.
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Future agenda items
Public comment from Joan Girardot regarding minutes of boards and commissions.
Public comment from Peter Warfield regarding public disclosure of records.
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The meeting adjourned at 6:35 p.m.
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Submitted by Donna L. Hall, Administrator
*The 6/24/03 Sunshine Ordinance Task Force minutes have been audio recorded and are on file in the Sunshine Ordinance Task Force Office.