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October 28, 2003

 

SUNSHINE ORDINANCE TASK FORCE
MINUTES

Tuesday, October 28, 2003
4:00 p.m., City Hall, Room 408

Task Force Members

Seat 1

Nicole Dogwill

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

   

Note: First name after motion indicates initiator of motion; second name indicates seconder of motion. All motions unanimous except as noted.


Roll Call: Present: Comstock, Dogwill, Mehra (arrived during Item 3), Sterner, Cauthen, Jenkins, Knee, Nickliss, Williams.

Members Absent: Brugmann, Parker

The meeting convened at 4:03 p.m.


New member Nicole Dogwill introduced herself.

1.

Approval of minutes of September 23, 2003.


Minutes of the September 23, 2003 meeting approved (Nickliss/Williams) (Ayes: Dogwill, Sterner, Cauthen, Jenkins, Knee, Nickliss, Williams) (Absent: Brugmann, Comstock, Mehra, Parker)

   

2.

Report from Compliance & Amendments Committee.

   
 

Committee Chair Knee submitted an oral report and notes of the Compliance & Amendments Committee special meeting of October 15. An oral report was submitted on the rescheduled meeting of October 16.

The next Compliance and Amendments Committee Community Meeting would be held on November 8 at the Visitacion Valley Community Center.

Public comment from Mr. Steve Cockrell on lack of enforceability in Sunshine Ordinance orders and the need for the Sunshine Ordinance Task Force to have a litigation budget or acquire the services of law firms that do pro-bono work.

   

3.

Report from Complaint Committee.

Committee Chair Comstock submitted an oral report of the Complaint Committee meeting of October 21, 2003.

Motion adopted approving jurisdiction of the complaint of Ronald Van Pool against the Fire Department. (Nickliss/Cauthen) (Ayes: Cauthen, Comstock, Dogwill, Jenkins, Knee, Nickliss, Sterner, Williams) (Absent: Brugmann, Mehra, Parker)

Member Mehra entered the meeting at this time.

Motion adopted approving jurisdiction of the complaint of Patrick Monette-Shaw against the Office of the Mayor. (Cauthen/Nickliss) (Ayes: Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Sterner, Nickliss, Williams) (Absent: Brugmann, Parker)

Motion adopted approving jurisdiction of the complaint of John Harrison against the San Francisco Residential Rent Stabilization & Arbitration Board. (Nickliss/Knee) (Ayes: Cauthen, Comstock, Dogwill, Cauthen, Jenkins, Knee, Mehra, Nickliss, Sterner, Williams) (Absent: Brugmann, Parker)

   

4.

Public hearing, complaint of Ronald Van Pool against the Fire Department for alleged failure to provide records.

   
 

Ronald Van Pool, Lieutenant for the San Francisco Fire Department, spoke in support of his complaint.

Public comment from John Darmanin, member of the San Francisco Fire Department/Bureau of Fire Prevention, in support of Mr. Van Pool’s complaint.

Public comment from Captain Ernest Lee, San Francisco Fire Department, in support of Mr. Van Pool’s complaint.

Assistant Deputy Chief Lorrie Kalos spoke in support of the Fire Department.

Public comment from Steve Cockrell on Sunshine Ordinance Section 67.22 on daily time allowances for departments to respond to Sunshine requests referring to oral requests only.
Public comment from John Darmanin against continuation.

Public comment from Steve Cockrell on Sunshine Ordinance Section 67.25 Immediacy of Response.

Order of Determination adopted that the Sunshine Ordinance Task Force finds that the Fire Department was in violation of the Sunshine Ordinance Section 67.25(a) (b) and (d). (Comstock/Nickliss) (Ayes: Cauthen, Comstock, Dogwill, Knee, Jenkins, Mehra, Nickliss, Sterner, Williams) (Absent: Brugmann, Parker)

   

5.

Public hearing, complaint of Patrick Monette-Shaw against the Office of the Mayor for alleged failure to provide records.

Mr. Patrick Monette-Shaw spoke in support of his complaint.

Mr. P. J. Johnston spoke in support of the Office of the Mayor.

Order of Determination adopted that the Sunshine Ordinance Task Force finds that the Office of the Mayor is in violation of Sunshine Ordinance Sections 67.21(c) and 67.25 and directs the Office of the Mayor to make the requested documents available to the requester as listed in his complaint (specifically the June 21 Immediate Disclosure Request; the July 6 Immediate Disclosure Request; and the September 27 Immediate Disclosure Request). (Comstock/Knee) (Ayes: Cauthen, Comstock, Knee, Jenkins, Mehra, Nickliss, Sterner, Williams) (Noes: Dogwill) (Absent: Brugmann, Parker)

Member Williams left the meeting at this time.

   

6.

Public hearing, complaint of John Harrison against the San Francisco Residential Rent Stabilization & Arbitration Board for alleged overcharging of tape recordings of hearings.

John Harrison and a representative from the San Francisco Residential Rent Stabilization & Arbitration Board were not present.

Administrator Hall stated that numerous emails were sent to Mr. Harrison with no response. The San Francisco Residential Rent Stabilization & Arbitration Board sent in a statement saying that they are changing their policy of charging $7.00 per tape.

Member Cauthen left the meeting at this time.

Motion adopted to table this item. (Comstock/Sterner) (Ayes: Nickliss, Jenkins, Comstock, Sterner, Mehra, Knee, Dogwill) (Absent: Cauthen, Williams, Brugmann, Parker)

   

7.

Request for reconsideration of 9/23/03 Order of Determination regarding Steve Cockrell complaint against NAPCAC.

Member Cauthen re-entered the meeting at this time.

Steve Cockerell spoke in support of reconsideration of his September 23, 2003 Order of Determination against NAPCAC.

Motion to reconsider Order of Determination. (Cauthen/Knee) (Ayes: Cauthen) (Noes: Comstock, Dogwill, Knee, Jenkins, Nickliss, Mehra, Sterner) (Absent: Brugmann, Parker, Williams). The motion failed.

   

8.

Administrator’s Report.

Administrator Hall submitted a written report.

   

9.

Public comment for items not listed on the agenda.

No public comment.

   

10.

Future agenda items.

Member Knee would submit changes to Sunshine Ordinance language to be submitted to the Task Force after Compliance and Amendments public hearings are completed.

   

The meeting adjourned at 7:00 p.m.

Submitted by Donna L. Hall, Administrator

*The 10/28/03 Sunshine Ordinance Task Force minutes have been audio recorded and are on file in the Sunshine Ordinance Task Force Office.


 

Last updated: 8/18/2009 1:57:06 PM