August 26, 2003

Seat 1

Vacant

Seat 8

Garrett Jenkins

Seat 2

Bruce Brugmann

Seat 9

David Parker

Seat 3

Richard Knee

Seat 10

Alexandra Nickliss

Seat 4

Pawan Mehra

Seat 11

Marjorie Ann Williams

Seat 5

Heather Sterner

Ex-officio

Hala Hijazi

Seat 6

Doug Comstock

Ex-officio

Donna Hall

Seat 7

Sue Cauthen

1.

Approval of minutes of July 22 and August 5, 2003.

Public comment from Peter Warfield requesting an amendment to the July 22 minutes to place public comment prior to approval of the minutes.

Minutes of the July 22, 2003 meeting approved with an amendment placing the public comment section prior to approval of the minutes. (Parker/Williams) (Absent: Mehra)

Member Nickliss requested that the August 5 minutes, Item 2 be amended from "setting up a compliance process at City College…" to "have City College consider enforcement and compliance procedures at City College."

Minutes of the August 5, 2003 meeting approved with an amendment to replace "setting up a compliance process at City College for persons with complaints" to "have City College consider enforcement and compliance procedures at City College." (Nickliss/Comstock) (Absent: Mehra)

2.

Report from Compliance & Amendments Committee.

Committee Chair Knee submitted an oral report of Compliance & Amendments Committee meeting of August 13, 2003.

Deputy City Attorney Llorente will bring more information on possible amendments to the Sunshine Ordinance to the next meeting of the Compliance and Amendments Committee.

3.

Report from Complaint Committee.

Committee Chair Brugmann submitted a report.

Motion adopted approving jurisdiction of the complaint of Sue Cauthen against the San Francisco Public Library. (Brugmann/Nickliss) (Absent: Mehra)

4.

Public hearing, July 13, 2003 complaint of Sue Cauthen against the Public Library for failure to provide (1) adequate notice of two passive meetings; (2) copies of complete emails; and (3) adequate assistance in obtaining documents.

Member Cauthen was recused from the meeting at this time. Sue Cauthen spoke in support of her complaint.

Michael Housh spoke in support of the San Francisco Public Library.

Public comment from Peter Warfield stating that (1) he has experienced the same things alleged in this complaint with the Library; (2) state law indicates that the volume of record requests is irrelevant; and (3) the Library did not provide an adequate response to record requests.

Complaint #1 on adequate notice of two passive meetings: Order of Determination adopted: "With regard to the alleged failure of the San Francisco Public Library to provide adequate notice of two passive meetings, the Sunshine Ordinance Task Force finds that the Library’s compliance in notifying Ms. Cauthen of passive meetings has been less than exemplary and encourages the Library in the future to post on their web site notice of all meetings pertaining to expenditure of bond monies and library policy." (Sterner/Nickliss) (Ayes: Brugmann, Knee, Sterner, Comstock, Jenkins, Nickliss, Williams) (Noes: Parker) (Recused: Cauthen) (Absent: Mehra)

Complaint #2 regarding copies of complete emails: Motion adopted to call the question. (Comstock/Sterner) (Ayes: Brugmann, Knee, Parker, Sterner, Comstock, Jenkins, Nickliss, Williams) (Recused: Cauthen) (Absent: Mehra)

Complaint #2 regarding copies of complete emails: Order of Determination adopted: "With regard to the allegation that the Library failed to provide complete copies of e-mails, the Sunshine Ordinance Task Force dismisses this complaint." (Comstock/Sterner) (Ayes: Brugmann, Knee, Parker, Sterner, Comstock, Jenkins, Nickliss, Williams) (Recused: Cauthen) (Absent: Mehra)

Public comment from Peter Warfield regarding (1) the Library’s violation in providing adequate assistance and records and (2) the requirement of the Sunshine Ordinance Sections 67.29-7(a), Correspondence and Records Shall be Maintained.

Complaint #3 on adequate assistance in obtaining documents: Order of Determination adopted: With regard to the allegation that the Library failed to provide adequate assistance in obtaining documents, the Sunshine Ordinance Task Force finds that the Library violated the Sunshine Ordinance in failing to provide adequate assistance and urges the Library to be more forthcoming in regard to surveys such as noted in the complaint." (Comstock/Nickliss) (Ayes: Brugmann, Knee, Parker, Sterner, Comstock, Jenkins, Nickliss, Williams) (Recused: Cauthen) (Absent: Mehra)

5.

Administrator’s Report.

Member Cauthen entered the meeting at this time.

Administrator Hall submitted a written report.

6.

Public comment for items not listed on the agenda. No public comment.

7.

Future agenda items.

Sunshine Ordinance Task Force to Invite the School Board to attend the next Sunshine Ordinance Task Force meeting.

*The 8/26/03 Sunshine Ordinance Task Force minutes have been audio recorded and are on file in the Sunshine Ordinance Task Force Office.