SUNSHINE ORDINANCE TASK FORCE
MINUTES
SPECIAL MEETING
Thursday, April 22, 2004
4:00 p.m., City Hall, Room 406
Task Force Members
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Seat 1
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Nicole Dogwill
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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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Vacant
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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 person introducing motion; second name indicates person seconding motion. Motions adopted unanimously except as noted.
The meeting convened at 4:04 p.m.
Roll Call: Present: Brugmann, Cauthen, Comstock, Knee, Nickliss, Sterner, Williams; Absent: Dogwill, Mehra, Jenkins, Parker
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1.
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Report from Complaint Committee. (Doug Comstock)
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A.
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Draft minutes of Complaint Committee meeting of 4/13/04.
Chair Comstock reported on the Complaint Committee meeting of April 13, 2004.
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B.
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Jurisdiction of complaint of Peter Warfield against the Public Library for alleged failure to provide requested information relating to RSI related employee injuries/problems.
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C.
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Jurisdiction of complaint of Peter Warfield against the Public Library for alleged failure to provide complete requested information regarding the RFID forum in a timely manner.
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D.
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Jurisdiction of complaint of Peter Warfield against the Library Commission for alleged failure to provide requested information regarding audio and videotapes of a commission meeting in a timely manner.
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E.
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Jurisdiction of complaint of Peter Warfield against the Library Commission for alleged failure to provide requested information regarding draft minutes in a timely manner.
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Motion adopted to accept jurisdiction of Mr. Peter Warfield’s complaints against the Library Commission (Brugmann/Cauthen) (Ayes: Brugmann, Sterner, Comstock, Cauthen, Nickliss, Williams) (Absent: Dogwill, Knee, Mehra, Jenkins, Parker)
Public comment from Mr. Peter Warfield supporting the motion to accept jurisdiction of all complaints together.
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2.
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Public hearing, complaint of Peter Warfield against the Public Library for alleged failure to provide requested information relating to RSI related employee injuries/problems.
Mr. Peter Warfield spoke in support of his complaint.
Mr. Michael Housh, Custodian of Records for the San Francisco Public Library spoke in support of the Public Library.
Member Knee entered the meeting at this time.
Motion adopted approving the following Order of Determination: (Comstock/Brugmann) (Ayes: Brugmann, Cauthen, Comstock, Knee, Nickliss, Williams) (Noes: Sterner) (Absent: Dogwill, Jenkins, Mehra, Parker)
After consideration of testimony from Complainant Peter Warfield and from Mike Housh, representing the Public Library, the Sunshine Ordinance Task Force finds the Public Library was in violation of Sunshine Ordinance Sections 67.21(c), (must provide assistance in providing records in the department’s control); and 67.24(i), (must provide statutory provisions which would exempt documents from disclosure).
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3.
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Public hearing, complaint of Peter Warfield against the Public Library for alleged failure to provide complete requested information regarding the RFID forum in a timely manner.
Mr. Peter Warfield spoke in support of his complaint.
Mr. Michael Housh, Custodian of Records for the San Francisco Public Library spoke in support of the Public Library.
Motion to dismiss complaint failed (Comstock/Sterner) (Ayes: Williams, Comstock, Knee, Sterner, Nickliss) (Noes: Brugmann, Cauthen) (Absent: Dogwill, Jenkins, Mehra, Parker). Re-vote to be taken at the April 27, 2004 Sunshine Ordinance Task Force meeting.
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4.
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Public hearing, complaint of Peter Warfield against the Library Commission for alleged failure to provide requested information regarding audio and videotapes of a commission meeting in a timely manner.
Mr. Peter Warfield spoke in support of his complaint.
Mr. Michael Housh, Custodian of Records for the San Francisco Public Library spoke in support of the Public Library.
Motion for Member Cauthen to be allowed to recuse herself failed. (Sterner/Williams) (Ayes: Cauthen, Nickliss, Sterner) (Noes: Brugmann, Comstock, Knee, Williams) (Absent: Dogwill, Jenkins, Mehra, Parker)
Member Sterner left the meeting at this time.
Motion to call the question adopted (Comstock/Knee) (Ayes: Brugmann, Knee, Comstock, Cauthen, Nickliss, Williams) (Absent: Dogwill, Jenkins, Mehra, Parker, Sterner)
Member Williams left the meeting at this time.
The meeting lost a quorum. Decision on this item continued to the 4/27/04 meeting.
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5.
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Public hearing, complaint of Peter Warfield against the Library Commission for alleged failure to provide requested information regarding draft minutes in a timely manner.
Lack of quorum. Item to be heard at the 4/27/04 meeting.
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6.
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Public comment for items not listed on the agenda.
No public comment heard due to a lack of quorum.
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The meeting adjourned at 5:45 p.m. due to a lack of quorum.
Submitted by Donna L. Hall, Administrator
*The 4/22/04 Special Meeting of the Sunshine Ordinance Task Force has been recorded and is on file in the office of the Sunshine Ordinance Task Force.