September 23, 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 August 26, 2003.

Minutes of the August 26, 2003 meeting approved with amendments to the paragraphs regarding the approval of minutes of the August 5 meeting amending Item 2 to state "have City College consider enforcement and compliance procedures at City College" and delete the duplication of Member Sterner who appeared twice on Roll Call. (Parker/Knee)

2.

Report from Compliance & Amendments Committee.

Committee Chair Knee submitted an oral report of the Compliance & Amendments Committee meeting of September 10, 2003.

Member Parker reported that the October 15, 2003 community meeting location has changed to the Bayview Opera House, 4705 – 3^rd Street.

Committee Chair Knee requested that a press release be sent to the media and that supplementary issue materials and draft amendments to the Sunshine Ordinance be prepared to hand out at the community meeting. Administrator Hall reported that a flyer would be sent announcing the meeting.

3.

Report from Public Education and Information Committee.

Committee Chair Parker submitted an oral report of the Public Education and Information Committee meeting of September 11, 2003.

Member Knee suggested that the November 8 and February 21 community meeting times should be held from 1:30 – 5:30 p.m.

Public comment from Ms. Lurilla Harris asking if the community meeting would be a Special Meeting of the Sunshine Ordinance Task Force.

Motion adopted that the community meetings would proceed under the sole sponsorship of the Compliance and Amendments Committee. (Knee/Nickliss) (Ayes: Brugmann, Knee, Sterner, Comstock, Cauthen, Nickliss, Williams) (Noes: Jenkins, Parker, Mehra)

4.

Report from Rules Committee.

Committee Chair Sterner submitted an oral report of the Rules Committee meeting of September 11, 2003.

Motion adopted designating the Chair of the Task Force or his or her designee as the liaison to the Ethics Commission. (Nickliss/Sterner)

5.

Report from Complaint Committee.

Member Comstock submitted an oral report of the Complaint Committee meeting of September 9, 2003.

Motion adopted approving jurisdiction of the complaint of Steve Lawrence against the San Francisco Public Utilities Commission. (Brugmann/Nickliss)

Deputy City Attorney Llorente reported that the Stephen R. Cockrell against the Natural Areas Program Citizens Advisory Committee Order of Determination was amended to include jurisdiction of Item 2 of the complaint that NAPCAC failed to provide documents to the public at its August 14, 2003 public meeting.

Motion adopted approving jurisdiction of the complaint of Stephen R. Cockrell against the Natural Areas Program Citizens Advisory Committee. (Brugmann/Cauthen)

6.

Public hearing, complaint of Steve Lawrence against the Public Utilities Commission for failure to provide records.

Mr. Steve Lawrence spoke in support of his complaint.

Ms. Beverly Hennessey, Director of Communications, San Francisco Public Utilities Commission (SFPUC) spoke in support of the department.

Public comment from Ms. Lurilla Harris regarding public monies being expended without adequate documentation.

Public comment from Ms. Pinkie Kushner commending the Sunshine Ordinance Task Force for their work and enforcement of this complaint.

Order of Determination adopted that the Sunshine Ordinance Task Force finds that the SFPUC is in violation of the Sunshine Ordinance Section 67.21 (c), and that the Sunshine Ordinance requests that the SFPUC complete their Index of Records. (Comstock/Parker)

7.

Public hearing, complaint of Steve Cockrell against the Natural Areas Program Citizens Advisory Committee for failure to ensure public and open process; failure to provide an agenda; failure to provide documents at a public meeting; failure to provide opportunity for public comment; failure to provide review of tape recordings of meetings; requiring an appointment to review records.

Mr. Steve Cockrell spoke in support of his complaint.

Mr. Tys Sniffen, Chair of the Natural Areas Program Citizens Advisory Committee (NAPCAC) spoke in support of NAPCAC.

In support of complainant:

Public comment from Mr. Donald Bird regarding (1) lack of public notification of NAPCAC meetings; (2) the attitude of certain NAPCAC Committee members against public comment; and (3) the Board of Supervisors’ responsibility for supporting NAPCAC, not the Recreation and Park Department.

Public comment from Ms. Pinkie Kushner, member of the Executive Committee, Sierra Club about the NAPCAC Committee members’ attitude against public comment.

Public comment from Ms. Andrea O’Leary, Environmental Quality of Urban Parks, on the (1) self-appointment process of the NAPCAC Chair and to appoint a new Chair; (2) the members attitude against public comment; (3) recommending that the Board of Supervisors offer support or monies to the Recreation and Park Department to offer support to NAPCAC; and (4) to urge NAPCAC to use Recreation and Park Department’s expertise.

Public comment from Mr. William F. Wilson regarding (1) inadequate posting of NAPCAC agenda items, (2) not supplying the public with copies of documents; (3) NAPCAC Committee members’ attitude against public comment; and (4) a meeting between the City Services Committee, the Clerk of the Board, and the Chair of NAPCAC offering support to NAPCAC.

Public comment from Ms. Courtney Clarkson on NAPCAC’s attitude against the natural areas program and lack of meeting notice.

In support of NAPCAC:

Public comment from Mr. Bill Carlin, member of the San Francisco Parks Coalition regarding (1) the public comment process at NAPCAC and other commission/committee meetings, and (2) commending NAPCAC for its work and recognizing their lack of resources and support.

Public comment from Mr. Keith McAllister defending NAPCAC’s public comment process and only violation being that public comment was not set aside at the end of the meeting for non-agenda items.

Public comment from Ms. Carolyn Blair, Parks Coalition, the Coalition for San Francisco Neighborhoods’ Open Task Force, Urban Forest Council, and Executive Director of the San Francisco Tree Council commending NAPCAC for their work and recognizing their lack of support; (2) the election of the Chair by NAPCAC; and (3) review of NAPCAC by a scientific panel after a report has been produced in November.

Member Parker suggested an Order of Determination, seconded by Member Mehra (no vote). After discussion, motion adopted to call the question on a substitute motion presented by Member Parker. (Comstock/Knee) (Ayes: Brugmann, Mehra, Sterner, Comstock, Cauthen, Jenkins, Parker, Nickliss, Williams)

The following proposed Order of Determination was not adopted.
(Parker/Knee) (Ayes: Mehra, Parker, Williams) (Noes: Brugmann, Knee, Sterner, Comstock, Cauthen, Jenkins, Nickliss)

1. Even though NAPCAC is not required to record its meetings per Sunshine Ordinance Section 67.14(b), the NAPCAC web site stated recordings are available at its office; therefore, it should have provided recordings of its meetings;
2. The Sunshine Ordinance Task Force advises NAPCAC as well as all City departments, agencies, boards, commissions, committees, and policy bodies to audio-record its meetings and keep minutes although it may not be specifically required per the Sunshine Ordinance;
3. The NAPCAC violated the Sunshine Ordinance Section 67.21(a) by requiring an appointment for document review;
4. The NAPCAC did not violate the Sunshine Ordinance in regards to the second allegation regarding document production;
5. The Task Force requests the Clerk of the Board of Supervisors to insure all members and parties of NAPCAC have been trained per the Sunshine Ordinance and report back to the Task Force regarding the training;
6. The Board of Supervisors provide the adequate support necessary for this Committee; and
7. This Order of Determination will be forwarded to the Board of Supervisors.
   

The following Order of Determination was adopted by the Sunshine Ordinance Task Force (Comstock/Nickliss) (Ayes: Brugmann, Comstock, Knee, Mehra, Sterner, Cauthen, Jenkins, Parker, Nickliss) (Noes: None) (Absent: Williams)

1. The Sunshine Ordinance Task Force finds NAPCAC was in violation of the Sunshine Ordinance Section 67.15(a) for failure to provide on NAPCAC’s agendas an additional Public Comment item to provide an opportunity for members of the public to directly address a policy body on items of interest to the public that are within policy body’s subject matter jurisdiction;
2. Based on testimony presented by representatives of NAPCAC and hearing from members of the community, the Task Force realizes there are mitigating factors that explain why NAPCAC has been experiencing problems in carrying out its duties; and given those mitigating circumstances, NAPCAC has committed to do its best efforts to avoid future problems with the Sunshine Ordinance in the future; and
3. The Task Force also recognizes that more logistical support needs to be given to advisory bodies to do their work, especially NAPCAC; and
4. The Task Force applauds the efforts of the members of NAPCAC, as well as the concerned citizens from the community in attending these meetings and in working together through the established hearing process to draft and produce a final report that would best meet the needs of the citizens of the City and County of San Francisco.

8.

Administrator’s Report.

Administrator Hall submitted a written report.

9.

Public comment for items not listed on the agenda.

Public comment from Mr. Donald Bird inquiring how determinations are put in writing for the public to read.

Public comment from Mr. Bill Carlin thanking the Task Force.

Public comment from Mr. Tys Sniffen recommending that the Board of Supervisors not appoint people to Citizens Advisory Committees unless they can support it.

Public comment from Mr. Steve Cockrell regarding his work on creating a handbook for Citizens Advisory Committees that will include a thorough section about the Sunshine Ordinance.

Public comment from Mr. William Wilson commending the Sunshine Ordinance Task Force.

Public comment from Ms. Andrea O’Leary regarding educating the public on their rights.

10.

Future agenda items.

Member Cauthen discussed the book An Overview of the Laws Governing the Conduct of Public Officials and the section on opinions by the City Attorney not having the force of law. A request was made to assign to a Committee the issue of whether appointments can be required.

Member Cauthen discussed the Main Library’s statement that they would reply only by mail to Immediate Disclosure Requests and how that would meet the next day response requirement of the Sunshine Ordinance. A request was made to assign this issue to the Compliance and Amendments Committee as the Sunshine Ordinance requires a response by the next business day.

*The 9/23/03 Sunshine Ordinance Task Force minutes have been audio recorded and are on file in the Sunshine Ordinance Task Force Office.