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1.
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Approval of minutes of May 25, 2004.
Public comment from Peter Warfield regarding suggested amendments to the minutes.
Minutes approved. (Nickliss/Williams) (Absent: Parker)
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2.
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Report from City Administrator on progress of Index of Records.
Jill Lerner and Richard Isen reported to the Task Force stating there are only three outstanding departments who have not placed their Index of Records on the web—Police Department, Office of Citizen Complaints, Port Authority.
Public comment from Peter Warfield commending the City Administrator’s Office for their work on the Index of Records.
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3.
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Report from the Public Education & Information Committee.
-- Draft minutes of June 10, 2004.
Committee Member Pilpel reported to the Task Force the meeting of June 10, 2004.
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4.
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Report from the Complaint Committee meeting of June 8, 2004.
- Draft minutes of June 8, 2004.
Committee Chair Comstock reported on Committee meeting of June 8, 2004.
- Recommendation to approve jurisdiction regarding complaint of Jane Martin against the Public Utilities Commission for alleged failure to release requested information.
Jurisdiction approved. (Comstock/Nickliss) (Absent: Parker)
- Recommendation to approve jurisdiction regarding complaint of John Darmanin against the Fire Commission for alleged failure to allow public comment; failure to disclose closed session information; failure to provide minutes within the time line; failure to produce redacted transcripts.
Jurisdiction approved. (Cauthen/Knee) (Absent: Parker)
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5.
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Report from Compliance & Amendments Committee meeting of June 9, 2004.
- Draft minutes of June 9, 2004.
Committee Chair Knee reported on meeting of June 9, 2004. Chair Knee stated the proposed amendments were being moved forward by Supervisor Daly. Member Pilpel stated he continues to oppose the current set of amendments.
- Recommendation that the Task Force re-hear portions of February 24, 2004 complaint of John Kelly against the Department of Building Inspection with regard to documents that were destroyed.
Re-hearing approved. (Knee/Cauthen) (Ayes: Knee, Cauthen, Sterner, Comstock, Jenkins, Nickliss, Williams) (Noes: Pilpel) (Absent: Parker)
- Jurisdiction of complaint of Peter Warfield against the Public Library alleging the Library violated the Sunshine Ordinance by not providing all the requested materials that were in the possession of the Library and by not citing the statutory sections and case law authority for its non-disclosure.
Public comment from Peter Warfield stating his appreciation to hear this complaint before the full Task Force.
Member Pilpel stated he is a personal friend of Michael Housh of the Public Library.
Jurisdiction approved. (Knee/Comstock) (Absent: Parker)
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6.
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Public hearing, continued from 5/25/04, complaint of Matthew Brennan against Supervisor Gonzalez’ Office for alleged failure to provide complete information.
This item continued to the July or August meeting of the Task Force.
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At this time Item #9 was to be considered; the representative from the Public Library was not yet in attendance. Member Pilpel left the meeting to contact the Public Library representative. Member Williams stated her opposition to having a member of the Task Force contact the Public Library representative during the meeting.
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15.
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Public comment for items not listed on the agenda.
Public comment from John Darmanin requesting the Task Force proceed with items as listed on the agenda.
Public comment from Peter Warfield stating he has been appointed to the Library Citizens Advisory Committee.
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7.
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Public hearing, complaint of Jane Martin against the Public Utilities Commission for alleged failure to release requested information.
Complainant did not appear. Administrator to contact Complainant for status of this complaint.
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8.
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Public hearing, complaint of John Darmanin against the Fire Commission for alleged failure to allow public comment; failure to disclose closed session information; failure to provide minutes within the time line; failure to produce redacted transcripts.
Complainant John Darmanin addressed the Task Force in support of his complaint stating the meeting began at 4:00 p.m. instead of 4:30 p.m. as posted. Lorie Kalos, Fire Department, addressed the Task Force, addressing the issues in Mr. Darmanin’s complaint stating personnel issue meetings have different guidelines than regular meetings.
Order of Determination adopted as follows: (Sterner/Comstock)
The Task Force finds the Fire Commission in violation of the following sections of the Sunshine Ordinance:
Section 67.15 (a), (b) & (c). Public Testimony: Not allowing Mr. Darmanin to give public comment at the May 13, 2004 Fire Commission meeting.
Section 67.12 (a), (b) (4) & (d). Disclosure of Closed Session Discussions and Actions: Written summary of closed session not posted after the May 13, 2004 Fire Commission meeting by the close of business on the next business day following the meeting, in the place where the meeting agendas of the body are posted.
Section 67.16. Minutes: Draft minutes not submitted within ten working days after the meeting; part of transcript of May 13 Special Hearing that was not confidential not submitted within ten working days.
The Task Force requests a response from the Fire Commission to this Order of Determination.
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The meeting recessed for ten minutes.
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9.
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Public hearing, continued from 5/25/04, 5/4/04 complaint of Peter Warfield against the Public Library for alleged failure to provide public records used as the basis for, or supports, the Library’s public statements and year 2004 prepared documents concerning RSI problems of employees, excluding personally identifiable information.
Complainant Peter Warfield addressed the Task Force in support of his complaint. Michael Housh, Public Library, addressed the Task Force in opposition to the complaint.
With respect to Mr. Warfield’s complaint filed May 4, 2004 regarding the Library’s failure to respond to Complainant’s Immediate Disclosure Request of April 23, 2004 asking the Library for information that was used as the basis for, or supports, publicly stated problems and specific statistics on RSI (repetitive stress injuries) costs, excluding any personally identifiable information, the following Order of Determination is adopted:
- The Sunshine Ordinance Task Force finds the Public Library in violation of Sunshine Ordinance Section 67.24, Public Information That Must be Disclosed, and Section 67.26, Withholding Kept to a Minimum;
(2) The Sunshine Ordinance Task Force requests a response to this Order of Determination from the Public Library within three weeks.
(Comstock, Knee) Ayes: Knee, Cauthen, Sterner, Comstock, Nickliss, Williams. Noes: Pilpel, Jenkins. Absent: Parker
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10.
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Public hearing, 6/1/04 complaint of Peter Warfield against the Public Library alleging the Library violated the Sunshine Ordinance by not providing all the requested materials that were in the possession of the Library and by not citing the statutory sections and case law authority for its non-disclosure.
Peter Warfield addressed the Task Force in support of his complaint regarding redaction of information provided to him.
Michael Housh addressed the Task Force in opposition to the complaint stating the Public Library has responded to Mr. Warfield’s complaint according to the policies of the Public Library.
Motion introduced to dismiss this complaint. (Sterner/Knee) (Ayes: Sterner, Pilpel) (Noes: Knee, Cauthen, Comstock, Jenkins, Nickliss, Williams) (Absent: Parker) The motion failed.
Order of Determination adopted declaring the Public Library in violation of Sunshine Ordinance Section 67.27, Justification of Withholding, by failing to declare the statutory reasons for redaction of some contact information. (Knee/Nickliss) (Ayes: Knee, Cauthen, Comstock, Jenkins, Nickliss, Williams) (Noes: Sterner, Pilpel) (Absent: Parker)
Motion introduced to dismiss the portion of the complaint regarding redaction of Library Commissioner personal contact information; and to release the personal contact information for the general public. (Cauthen/Sterner) (Ayes: Cauthen, Sterner, Pilpel, Jenkins, Williams) (Noes: Knee, Comstock, Nickliss) (Absent: Parker). The motion failed.
Motion introduced declaring the Public Library violated Sunshine Ordinance Section 67.26 with regard to letters from constituents by redacting personal contact information. (Comstock/Knee) (Ayes: Knee, Cauthen, Comstock, Williams) (Noes: Sterner, Pilpel, Jenkins, Nickliss) (Absent: Parker) The motion failed.
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11.
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Recommendation that the Task Force re-hear portions of February 24, 2004 complaint of John Kelly against the Department of Building Inspection with regard to documents that were destroyed.
John Kelly addressed the Task Force in support of his complaint.
Ken Harrington and Alan Davison, Department of Building Inspection, addressed the Task Force stating the requested documents were no longer available.
Order of Determination adopted finding the Department of Building Inspection had the responsibility to retain the field notes and the Sunshine Ordinance Task Force finds the Department of Building Inspection in violation of Sunshine Ordinance Section 67.29-7 (a) by not keeping the field notes in their possession. (Comstock/Nickliss) (Ayes: Knee, Cauthen, Sterner, Comstock, Jenkins, Nickliss, Williams) (Noes: Pilpel) (Absent: Parker)
Motion adopted to send a letter to the Department of Building Inspection encouraging Jim Hutchinson to re-measure, in a timely manner, 525 5th Street in Mr. Kelly’s presence. (Cauthen/Nickliss)
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12.
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Update regarding Board of Supervisors motion for proposed changes to the Sunshine Ordinance.
Rescheduled to July Task Force meeting.
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13.
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Clerk of the Board policy of no longer providing subscription service for agendas.
Consensus of the Task Force to send a letter to the Clerk of the Board encouraging the Clerk of the Board Office to provide subscription service to persons requesting Board of Supervisors meeting agendas and Board Committee agendas to be faxed, emailed, or mailed to them; and consider elimination of the fees that are being considered for implementation.
Public comment from Peter Warfield commending the Task Force for sending this letter.
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14.
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Administrator’s Report for June.
Administrator Hall submitted written report.
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16.
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Suggested future agenda items from the Task Force.
Board of Appeals subscription services.
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