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May 25, 2004

SUNSHINE ORDINANCE TASK FORCE


MINUTES

Tuesday, May 25, 2004
4:00 p.m., City Hall, Room 408

Task Force Members

Seat 1

Nicole Dogwill

Seat 8

Garrett Jenkins

Seat 2

Richard Knee

Seat 9

David Parker

Seat 3

Sue Cauthen

Seat 10

Alexandra Nickliss

Seat 4

Vacant

Seat 11

Marjorie Ann Williams

Seat 5

Heather Sterner

Ex-officio

Vacant

Seat 6

Doug Comstock

Ex-officio

Donna Hall

Seat 7

David Pilpel

   

Note: Each item on the Agenda may include minutes, department or agency letters and reports; Task Force reports; and public correspondence. These items will be available for review at City Hall, Sunshine Ordinance Task Force Office, Room 244.


Call to Order at 4:00 p.m.

Roll Call: Present: Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams. Absent: Dogwill


Agenda Changes: None

1.

Approval of minutes of March 17, April 22, April 27, 2004. Motion adopted approving minutes as amended: (Knee/Parker) (Absent: Dogwill)

 
  1. March 17, 2004. Spelling amendment.
  2. April 22, 2004. Vote on Item #3: (Comstock/Sterner) (Ayes: Williams, Comstock, Knee, Sterner, Nickliss) (Noes: Brugmann, Cauthen) (Absent: Dogwill, Jenkins, Mehra, Parker).
  3. April 27, 2004. Spelling amendment.
   

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New Member Pilpel addressed the Task Force stating his reasons for applying to the Task Force.

   

2.

Election of Officers (10 min) (action item)

  1. Chair

    Member Knee nominated Member Nickliss for Chair. Member Parker nominated Member Jenkins for Chair. Votes for Nickliss: Knee, Comstock, and Nickliss. Votes for Jenkins: Cauthen, Sterner, Pilpel, Jenkins, Parker, Williams. (Absent: Dogwill) Member Jenkins elected Chair.

  2. Vice Chair

Member Williams nominated Member Nickliss for Vice Chair. Member Jenkins nominated Member Parker for Vice Chair. Votes for Nickliss: Knee, Cauthen, Sterner, Comstock, Pilpel, Nickliss, Williams. Votes for Parker: Jenkins, Parker. (Absent: Dogwill) Member Nickliss elected Vice Chair.

   

3.

Report from the Public Education & Information Committee.

  1. Draft minutes of April 27, 2004.
  2. Recommendation to hold meetings of the Public Education & Information Committee on call.

Chair Parker reported on meeting of April 27, 2004.

Public comment from Peter Warfield requesting the Public Education & Information Committee have regular meeting times.

Motion introduced to have the Public Education & Information Committee meet on call. (Parker/Knee) (Ayes: Sterner, Comstock, Jenkins, Parker, Williams) (Noes: Knee, Cauthen, Pilpel, Nickliss). (Absent: Dogwill) The motion failed. For passage the motion required six aye votes.

   

4.

Report from the Complaint Committee meeting of May 11, 2004.

  1. Draft minutes of May 11, 2004.
  2. Recommendation to approve jurisdiction regarding complaint of Anthony Imperial against the War Memorial & Performing Arts Center for alleged failure to provide complete information.
  3. Recommendation to approve jurisdiction regarding complaint of Matthew Brennan against Supervisor Gonzalez’ Office for alleged failure to provide complete information.

Chair Comstock reported on meeting of May 11, 2004.

Motion adopted approving jurisdiction of the complaints of Anthony Imperial and Matthew Brennan. (Comstock/Cauthen) (Absent: Dogwill)

   

5.

Report from Compliance & Amendments Committee meeting of May 12, 2004.

 

A. Draft minutes of May 12, 2004.

   
 

B. New complaint of Peter Warfield against the Public Library referred to full Task Force from Compliance & Amendments Committee.

Member Knee reported on the meeting of May 12, 2004.

Public comment from Peter Warfield regarding his previous two complaints and the lack of follow-up from the Library on the Order of Determination; confusion regarding procedures for the complaint on the agenda for this meeting.

   

13.

Public comment for items not listed on the agenda.

Public comment from Peter Warfield regarding Library Commission President remarks of 5/20/04. Mr. Warfield submitted a letter to the Task Force and requested the letter be distributed to Task Force Members at this meeting.

Public comment from Louella Harris stating Mr. Warfield’s request was new information.

Public comment from male speaker regarding Taxi Commission disbanding.

Chair Jenkins stated Mr. Warfield’s request to distribute the letter was not proper procedure, and the letter would not be distributed.

Motion adopted to overrule the Chair decision to not distribute the letter. (Comstock/Cauthen) (Ayes: Knee, Cauthen, Comstock, Pilpel, Nickliss, Williams) (Noes: Sterner, Jenkins, Parker) (Absent: Dogwill). The motion carried. The letter was distributed to the members.

   

6.

Update from the Unified School District regarding the Sunshine Ordinance.

Member Comstock gave an update of a meeting he and Member Nickliss had with the School District. The School District and Task Force will begin ad hoc meetings regarding the School District adopting the Sunshine Ordinance.

   

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The meeting recessed for five minutes.

   

7.

Public hearing, complaint of Anthony Imperial against the War Memorial & Performing Arts Center for alleged failure to provide complete information.

By telephone Mr. Imperial addressed the Task Force in support of his complaint. Mr. Imperial stated the War Memorial redacted addresses and telephone numbers from a public records request he had made.

Gregory Ridenour, War Memorial, addressed the Task Force in opposition to the complaint stating the War Memorial lawfully redacted the private residence address and telephone information on its license agreement forms; they have updated and revised its short term license agreement cover sheets so that individuals and individual representatives of non-profit organizations or community groups may designate a public mailing address, email address, telephone number or fax number on the form.

Adine Varah, Deputy City Attorney, addressed the Task Force stating the burden on the right to privacy outweighs the public interest served by disclosure because the private home addresses and phone numbers of War Memorial licensees are unrelated the Agency’s performance of its duties.

Public comment from male speaker asking if this issue had been referred for legal action.

Motion introduced to dismiss this complaint. (Parker/Sterner) (Ayes: Sterner, Jenkins, Parker) (Noes: Knee, Cauthen, Comstock, Pilpel, Nickliss, Williams) (Absent: Dogwill). The motion failed.

Motion introduced finding the War Memorial in violation of Section 67.24 (i) of the Sunshine Ordinance in not releasing personal addresses and telephone numbers.

(Comstock/Nickliss) (Ayes: Knee, Cauthen, Comstock, Pilpel, Williams) (Noes: Sterner, Jenkins, Parker, Nickliss) (Absent: Dogwill). The motion failed. For passage the motion required six aye votes.

Motion adopted that the Chair send a letter to the War Memorial and Performing Arts Center on behalf of the Task Force requesting the War Memorial be more "sunshine oriented" and be more helpful to Mr. Imperial in his request to obtain public information. (Pilpel/Williams) (Ayes: Knee, Cauthen, Sterner, Pilpel, Jenkins, Parker, Nickliss, Williams) (Noes; Comstock) (Absent: Dogwill)

   

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Member Cauthen left the meeting at this time.

   

8.

Public hearing, complaint of Matthew Brennan against Supervisor Gonzalez’ Office for alleged failure to provide complete information.

Public hearing continued to the next meeting.

   

9.

Public hearing, complaint of Peter Warfield against the Public Library for alleged failure to provide public records.

   
 

Motion adopted approving jurisdiction of this complaint. (Comstock/Parker) (Absent: Dogwill, Cauthen)

Member Pilpel reported under San Francisco Campaign & Governmental Conduct Code Section 3.214 (a) that he is a personal friend of Michael Housh, Library Custodian of Records/Commission Secretary. Member Pilpel stated he did not feel this would hinder his determination of this complaint. The Task Force agreed.

   

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Member Williams left the meeting at this time.

Motion adopted continuing this public hearing to the next meeting. (Pilpel/Comstock) (Absent: Dogwill, Cauthen, Williams)

   

10.

Discussion regarding departments’ failure to submit sole source contract information.

Public comment from Peter Warfield stating the broad powers of Section 67.30 of the Sunshine Ordinance.

Motion adopted that the Task Force send a letter to the Board of Supervisors reminding them of this provision and asking them to have this part of the budget process and request departments to provide information pursuant to this ordinance provision. (Parker/Knee) (Absent: Dogwill, Cauthen, Williams)

   

11.

Discussion regarding suggested amendments to the Sunshine Ordinance.

Public comment from Peter Warfield regarding having appointments to the Task Force made through the Board of Supervisors.

Motion adopted to send a letter to the Board of Supervisors stating the Task Force wishes the appointing authority for appointments to the Task Force to remain with the Board of Supervisors. (Knee/Nickliss) (Ayes: Knee, Sterner, Comstock, Jenkins, Parker, Nickliss) (Noes: Pilpel) (Absent: Dogwill, Cauthen, Williams)

   

12.

Administrator’s Report for April.

Report submitted.

Public comment from Peter Warfield regarding emergency procedures for the public.

   

14.

Suggested future agenda items from the Task Force.

Member Pilpel requested the Task Force address the issue of the Sunshine Ordinance relative to the Mayor’s budget proposal.


The meeting adjourned at 8:10 p.m.

Donna L. Hall, Administrator

*The 5/25/04 Sunshine Ordinance Task Force meeting has been audio recorded and is on file in the office of the Sunshine Ordinance Task Force.

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