SUNSHINE ORDINANCE TASK FORCE
*MINUTES
Tuesday, July 22, 2003
4:00 p.m., City Hall, Room 408
Task Force Members
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, Comstock, Knee, Mehra, Sterner, Cauthen, Jenkins, Parker, Nickliss, Williams. Absent: Koltun
Agenda Changes: Items 7 and 8 were heard together.
1.
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Approval of minutes of June 24, 2003.
Public comment from Peter Warfield (1) requesting more detail in the minutes, and (2) stating that on Item 7 Page 3 of the Minutes, public comment from Emeric Kalman not included.
Minutes approved with two amendments correcting the name of Michael House to Michael Housh and adding public comment from Emeric Kalman on Item 7. (Nickliss/Cauthen) (Absent: Koltun)
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2.
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Report from Chair of Task Force
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Chair Jenkins reported on his meeting with the Ethics Commission. Motion adopted to send to the Rules Committee the creation of a liaison position between the Task Force and the Ethics Commission and to define the position’s duties. (Parker/Nickliss) (Absent: Koltun)
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3.
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City Administrator semi-annual report on progress of index of records.
Jill Lerner from the City Administrator’s office presented the semi-annual report, reporting that the following departments have not yet posted their index of records: Office of Citizen Complaints, Planning, District Attorney, Police Department, Human Resources, Sheriff, Commission on Status of Women, Health Services, Juvenile Probation, Community Health Network, Port Authority, Housing Authority, Human Rights Commission, Public Utilities Commission, Public Administration/Public Guardian, and Aging & Adult Services.
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4.
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Report from Compliance & Amendments Committee
Committee report from Committee Chair Knee.
Public comment from Peter Warfield (1) non-profits being left out of the revisions to Proposition G; (2) in support of accessible times for working people to attend community meetings; (3) issues being turned over to passive meeting bodies to circumvent restrictions of other meeting bodies; and (4) the Task Force pursuing department compliance with providing information for the Index of Records.
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5.
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Report from Public Education & Information Committee
Committee report from Committee Chair Parker.
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Public comment from Lurilla Harris requesting a report on the Draft Minutes.
Public comment from Peter Warfied (1) commending the effort to contact the Board of Supervisors to set up community meetings within their district; (2) clarifying the wording of the minutes in Item 3; and (3) inquiring about the reference to the custodian of records as being one per department in Item 4.
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6.
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Report from Complaint Committee
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Committee report from Committee Chair Comstock.
Motion adopted approving jurisdiction of the 7/8/03 complaint of Dan Boreen against the Fire Department. (Cauthen/Knee) (Absent: Koltun)
Public comment from Lorrie Kalos, Assistant Deputy Chief of the San Francisco Fire Department inquiring about the agenda notification process.
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7&8.
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Public hearing (continued from 6/24/03), 6/3/03 complaint of Daniel Boreen against the Fire Department for failure to provide records.
Public hearing, 7/8/03 complaint of Daniel Boreen against the Fire Department for failure to provide records.
Daniel Boreen spoke in support of his complaints.
Assistant Deputy Chief Kalos spoke in support of the Fire Department.
Public comment from Deputy Chief Joseph Asaro of the Fire Department on the non-availability of a computer generated calendar and that the Sunshine Ordinance does not require his classification to maintain a calendar.
Public comment from Lurilla Harris in support of requiring Deputy Chief Asaro to maintain a calendar.
Public comment from Joanne Hayes-White, Deputy Chief and Director of Training for the Fire Department on providing the requested Fire Department email records to Mr. Boreen.
Order of Determination adopted as follows: (1) Joanne Hayes will submit the email records requested for the San Francisco Fire Department; (2) the San Francisco Fire Department will provide the inventory list they have from September 1999 to present; (3) Ms. Kalos and Mr. Boreen will meet to define a query for the 2002 disqualification list for the information requested; (4) Items 4 and 5 of 7/8/03 complaint have been satisfied by both parties; (5) Item 6 regarding classification--Mr. Boreen will be recommended to go to the Civil Service Commission if need be; and (6) On Item 7 it is recommended that Mr. Boreen follow-up with the Purchasing Department. (Parker/Nickliss) (Ayes: Brugmann, Knee, Mehra, Sterner, Comstock, Cauthen, Jenkins, Nickliss, Parker, Williams) (Absent: Koltun).
(7) As long as there is an agreement between both parties, and phone records would be reviewed in a manner that is satisfactory to both parties, there would not be a violation of the Sunshine Ordinance. (Comstock/Knee) (Ayes: Brugmann, Knee, Mehra, Sterner, Comstock, Cauthen, Jenkins, Nickliss, Williams) (Noes: Parker) (Absent: Koltun).
The Compliance and Amendments Committee will follow up if there is failure on any of these items.
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9.
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Administrator’s Report
Administrator Hall submitted a written report and requested that additions suggestions to the Annual Report be forwarded to her by July 25, 2003.
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10.
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Public comment for items not listed on the agenda. No public comment.
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11.
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Future agenda items. None
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The meeting adjourned at 7:15 p.m.
Submitted by Donna L. Hall, Administrator
*The 7/22/03 Sunshine Ordinance Task Force minutes have been audio recorded and are on file in the Sunshine Ordinance Task Force Office.
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