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11.
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Reconsideration of Order of Determination of 6/22/04, 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.
This item continued to August 24, 2004.
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13.
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Board of Appeals policy regarding charges for agendas.
This item removed from agenda.
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1.
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Approval of minutes of June 22, 2004.
Minutes approved. (Sterner/Cauthen) (Pilpel out of the room)
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2.
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Certificates of Commendation to Pawan Mehra and Nicole Dogwill.
Certificates presented by Chair Jenkins to outgoing Task Force Members Mehra and Dogwill.
Public comment from Peter Warfield wishing them the best in their future activities.
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3.
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Report from Clerk of the Board regarding the Clerk of the Board’s organization.
Chair Jenkins stated a formal apology to Clerk of the Board Gloria Young for a remark that had been made by a Task Force Member at the June meeting.
Clerk of the Board Gloria Young and Assistant Clerk of the Board Adele Destro, presented to the Task Force the Clerk of the Board’s organizational chart and policies relative to public records and customer service.
Public comment from Peter Warfield stating he had received exemplary and excellent services from the Clerk of the Board Office; asked about persons with no web access.
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6.
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Report from the Complaint Committee meeting of July 20, 2004.
- Draft minutes of July 20, 2004.
- Recommendation to approve jurisdiction regarding complaint of John Kelly against the Department of Building Inspection and Department Deputy Director for alleged failure to provide copies of requested records; and for "official misconduct" by willfully failing to provide a response to a records request.
Motion adopted approving jurisdiction. (Cauthen/Parker)
- Recommendation to approve jurisdiction regarding complaint of Matthew Hirsch against the Mayor’s Office for alleged failure to provide requested information.
Motion adopted approving jurisdiction. (Cauthen/Parker)
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8.
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Public hearing, continued from 6/22/04, complaint of Jane Martin against the Public Utilities Commission for alleged failure to release requested information.
No representative for the complainant was in attendance.
Beverly Hennessey of the PUC addressed the Task Force stating some of the questions asked by Jane Martin had been answered. Ms. Hennessey stated questions 3, 4, 5, 6, 8, and 9 had been answered because they did not relate directly to the ongoing investigation of the causes of flooding this past winter. Questions 1, 2, 7 and 10 were not answered because they related directly to the investigation of flooding liability being conducted,
Deputy City Attorney John Roddy addressed the Task Force explaining the time line regarding the complaint.
Member Pilpel disclosed that he was a friend of Deputy City Attorney John Roddy.
No public comment.
Motion adopted continuing this item to the August Task Force meeting. (Comstock/Nickliss) (Ayes: Knee, Cauthen, Comstock, Jenkins, Nickliss) (Noes: Sterner, Pilpel, Parker, Williams)
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10.
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Public hearing, complaint of Matthew Hirsch against the Mayor’s Office for alleged failure to provide requested information.
Matthew Hirsch addressed the Task Force in support of his complaint against the Mayor’s Office for failure to produce resumes/applications it collected during the search for SF Public Utilities Commission General Manager.
Darlene Chiu, representing the Mayor’s Office, addressed the Task Force stating that the resumes were not provided to Mr. Hirsch because the Sunshine Ordinance requires only disclosure of employment and education histories of successful job applicants.
Linda Ross, Deputy City Attorney, addressed the Task Force stating based on their interpretation of the ordinance, the Sunshine Ordinance requires only disclosure of employment and education histories of successful job applicants and requires only disclosure of employee resumes.
Discussion was held among the Task Force regarding the Mayor’s Office not responding within the ten-day time period.
Public comment from Peter Warfield stating the timeline is crucial.
Public comment from Emeric Kalman stating that if anyone applies for a job with the City of San Francisco, the application should be a public record.
Public comment from Joan Girardot stating this is an appointed position, not a job applicant—urge the Task Force to decide in favor of public disclosure.
Motion introduced to find the Mayor’s Office in violation of Sunshine Ordinance Section 67.21 (a) and (d), i.e., government'’ duty is to serve the public, reaching its decisions in full view of the public; and the right of the people to know what their government and those acting on behalf of their government are doing is fundamental to democracy…(Comstock/Nickliss) (Ayes: Knee, Comstock, Nickliss, Williams, Jenkins) (Noes: Cauthen, Sterner, Parker, Pilpel) The motion failed.
Order of Determination adopted finding the Mayor’s Office in violation of Sunshine Ordinance Section 67.21 (b), i.e., a custodian of a public record shall, as soon as possible and within ten days following receipt of a request...comply with such request. (Comstock/Nickliss) (Ayes: Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Nickliss, Williams) (Noes: Parker)
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15.
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Public comment for items not listed on the agenda. None
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--
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The meeting recessed for five minutes.
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7.
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Public hearing, continued from 6/22/04, complaint of Matthew Brennan against Supervisor Gonzalez’ Office for alleged failure to provide complete information.
Member Comstock requested to be recused from this item because of his campaign connection with Supervisor Gonzalez. Motion adopted agreeing to recuse Member Comstock from this item. (Knee/Cauthen)
Member Williams disclosed she is a friend of Supervisor Gonzalez.
Complainant Matthew Brennan addressed the Task Force in support of his complaint stating he had not received from Supervisor Gonzalez’ Office requested information of certain meeting notes, memorandum, letters and correspondence. Mr. Brennan also stated the Supervisor’s Office failed to respond within the 10-day time limit.
Amy Laitinen, Supervisor Gonzalez’ Office, addressed the Task Force stating Supervisor Gonzalez’ Office had sent Mr. Brennan all the information they had on file regarding his request. Ms. Laitinen stated they no longer had certain emails Mr. Brennan was requesting; some emails had been destroyed.
Motion introduced to dismiss this complaint. (Pilpel/Williams)
The motion was separated into two parts: the timeline issue and the destruction of email issue.
The vote on the motion to dismiss the complaint regarding the timeline issue: Ayes: Pilpel. Noes: Knee, Cauthen, Sterner, Jenkins, Parker, Nickliss, Williams. Recused: Comstock. The motion failed.
The vote on the motion to dismiss the complaint regarding the destruction of the emails: Ayes: Knee, Cauthen, Sterner, Pilpel, Williams. Noes: Jenkins, Parker, Nickliss. Recused: Comstock. The motion failed.
Order of Determination adopted finding Supervisor Gonzalez’ Office in violation of Sunshine Ordinance Section 67.21 (b) for failure to respond to the public records request within ten days following receipt of the request. (Cauthen/Sterner) (Ayes: Knee, Cauthen, Sterner, Jenkins, Parker, Nickliss, Williams) (Noes: Pilpel) (Recused: Comstock)
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9.
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Public hearing, complaint of John Kelly against the Department of Building Inspection and Department Deputy Director for alleged failure to provide copies of requested records; and for "official misconduct" by willfully failing to provide a response to a records request.
Complainant John Kelly addressed the Task Force in support of his complaint alleging failure of the Department of Building Inspection to provide records requested May 25, 2004 regarding (1) (a) interpretations of the 50 square foot per occupant rule; and (1) (b) all decisions by DBI ruling on the enforcement of the foregoing language; and (2) (a) interpretations of the foregoing language as relied upon by DBI; and (b) decisions by DBI ruling on the enforcement of the foregoing language; and by refusing to provide the public records, the Deputy Director is guilty of official misconduct.
Ken Harrington, representing the Department of Building Inspection, addressed the Task Force stating Mr. Kelly had been informed there were no such records regarding Item #1; and regarding Item #2, the Deputy Director has asked the Technical Services Division to provide the department with research of all regulations utilized by DBI relative to homeless shelters which existed prior to the creation of Code Ruling AB-029 on March 1, 1991; and Item 2 (b) there are no such records.
Mr. Harrington stated the response to Mr. Kelly’s request was sent 20 days after the request.
Public comment from Peter Warfield stating the number of requests a person makes to a department has nothing to do with fulfilling the request.
Order of Determination adopted finding the Department of Building Inspection in violation of Sunshine Ordinance Section 67.21 (b), i.e., a custodian of a public record shall, as soon as possible and within ten days following receipt of a request...comply with such request. (Parker/Cauthen) (Ayes: Knee, Cauthen, Sterner, Comstock, Parker, Jenkins, Nickliss, Williams) (Noes: Pilpel)
Motion adopted dismissing this complaint. (Sterner/Cauthen) (Ayes: Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams) (Noes: Knee)
Mr. Harrington stated the Department of Building Inspection would send a letter to Mr. Kelly stating there are no records found to his requests.
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14.
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Administrator’s Report for July.
Written report submitted by Administrator Hall.
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12.
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Update regarding Board of Supervisors motion for proposed changes to the Sunshine Ordinance.
Chair Jenkins stated this item will be placed on the Compliance & Amendments Committee agenda and invite a representative from the Board of Supervisors Rules Committee. Continued to August meeting.
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4.
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Report from Compliance & Amendments Committee meeting of July 14, 2004. (Richard Knee) (discussion & possible action item) (10 min)
--Draft minutes of July 14, 2004.
Motion adopted continuing this item to the August Task Force meeting. (Knee/Parker) (Ayes: Knee, Cauthen, Sterner, Comstock, Jenkins, Parker, Nickliss, Williams) (Noes: Parker)
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5.
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Report from the Public Education & Information Committee. (David Parker) (10 min)
--Draft minutes of July 15, 2004.
Motion adopted continuing this item to the August Task Force meeting. (Knee/Parker) (Ayes: Knee, Cauthen, Sterner, Comstock, Jenkins, Parker, Nickliss, Williams) (Noes: Parker)
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16.
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Suggested future agenda items from the Task Force. None.
Member Pilpel suggested Complaint Committee consider procedures for hearing complaints; additional training needed in departments.
Public comment from Peter Warfield regarding public packet for Task Force meetings; some materials not included; suggesting the Task Force Complaint Committee consider having draft Orders of Determination for the Task Force
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