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Sunshine Ordinance Task Force proposed amendments to the Sunshine Ordinance.
March 15, 2004 proposed amendments to the following sections were discussed:
ARTICLE III PUBLIC INFORMATION AND PUBLIC RECORDS
- Sources of Outside Funding.
- Correspondence and Records Shall be Maintained.
Member Comstock entered the meeting at this time.
- Process for Gaining Access to Public Records; Administrative Appeals
67.21-1 Policy Regarding Use and Purchase of Computer Systems
- Public Information That Must be Disclosed
- Immediacy of Response
67.29-3. (No Title for Section—adding title)
67.29-5. Calendars of Certain Officials
Public Comment on Article III.
Public comment from David Pilpel on Sections 67.21 and 67.24(e)(1) requesting source of dropped amendments. Requesting that Section 67.29-5 apply to calendars of department heads and all elected officials and Section 67.29-7, record retention policy.
Public comment from Peter Warfield on Sections 67.29-6, Sources of Outside Funding; 67-29-7(c), disclosure of outside city agencies; 67.25, response to be a choice of requestor of information, 67.28(e) Fees for Duplication of video tapes high; 67.30(c) statute of limitations being inserted back in amendments without discussion.
ARTICLE IV POLICY IMPLEMENTATION
The following March 15, 2004 Article IV proposed amendments were discussed:
67.30. Open Government Commission
67.31. Responsibility for Administration.
- Provision of Services to Other Agencies; Sunshine Required.
- Department Head Declaration.
A discussion was held regarding adding (1) a section that would make available Sunshine Ordinance training material to the public in three other major languages; and (2) adding a clause that would allow amendments be made to the Sunshine Ordinance without going to the voters as a part of Proposition E under certain circumstances.
ARTICLE II PUBLIC ACCESS TO MEETINGS
67.4(b). Passive Meetings.
67.13(e). Barriers to Attendance Prohibited.
Public comment from David Pilpel regarding (1) Administrative Code Section 12L (Nonprofits) should be placed on a future agenda before discussion; (2) Sunshine Ordinance Article II, Section 67.4(b) passive meeting requirements; (3) 67.30(d) legality of the City conferring subpoena powers to a body over another entity; (4) 67.30(e) if an ordinance may appropriate funds outside of the City’s budget and whether the Board of Supervisors would review each civil prosecution; (5) 67.32 subsidies to outside agencies is prohibited by law; (6) other agencies adopting their own requirements; (7) 67.33, department head declaration and applicable entities being subject to Sunshine training. Request was made to discuss the February 20, 2004 letter that was provided to the Task Force recommending proposed language for amendments.
Public comment from Peter Warfield regarding (1) Administrative Code Section 12L (Nonprofits) applying only to non-profits doing business with the City of over $250,000 and above; (2) all entities doing business with the City should be subjected to open government laws; (3) 67.30(c) wording on statute of limitations bad for open government and citizens; (4) provision of documentation relating to agenda discussion and action items be available to the public 72-hours before the meeting; (5) removing the phrase referencing the Compliance and Amendments Committee in Section 67.30(d) and replacing it with the Commission; (6) enforcement of Sunshine laws on violations of provision of documents and meetings.
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