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1.
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Approval of minutes.
- July 26, 2004
- July 27, 2004
Minutes approved. (Nickliss/Parker) (Comstock, Cauthen absent)
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Member Comstock entered the meeting at this time.
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2.
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Report from Compliance & Amendments Committee meeting of July 14 and August 11, 2004.
Committee Chair Knee reported on the meetings of the Committee.
- Minutes of July 14, 2004
- Draft minutes of August 11, 2004
The Peter Warfield case regarding the April 22, 2004 Order of Determination against the Public Library for failure to provide requested information relating to RSI-related employee injuries/problems, will be considered by the Compliance & Amendments Committee at their next regular meeting.
Public comment from Peter Warfield concerning delay of consideration of his April 22, 2004 Order of Determination for another month; also June 22, 2004 Order of Determination has not been responded to.
- Recommendation that the John Kelly June 22, 2004 Order of Determination against the Department of Building Inspection be forwarded to the Board of Supervisors as a violation of Section 67.30 (c).
Motion adopted that the John Kelly June 22, 2004 Order of Determination against the Department of Building Inspection be forwarded to the Board of Supervisors as a violation of Section 67.29 (a). (Knee/Nickliss)
Public comment from Kenneth Harrington, Department of Building Inspection, regarding misplacement of measurements; property re-measured; asking procedure for going to the Board of Supervisors; Department of Building Inspection willing to have this item forwarded to the Board of Supervisors to have this matter resolved.
Public comment from John Kelly stating he is willing to have matter forwarded to the Board of Supervisors; also would like referral to District Attorney and State Attorney General.
Stipulation from both parties that matter be forwarded to the Board of Supervisors.
Motion introduced amending previous motion to include item to be sent to the District Attorney and State Attorney General. (Parker/Nickliss) (Cauthen absent)
At this time the original motion was voted on: Motion adopted that the John Kelly June 22, 2004 Order of Determination against the Department of Building Inspection be forwarded to the Board of Supervisors, District Attorney, and State Attorney General pursuant to Section 67.30 (c) as a violation of Section 67.29-7 (a) as indicated in the Order of Determination. (Knee/Nickliss) (Ayes: Knee, Comstock, Jenkins, Parker, Nickliss, Williams) (Noes: Sterner, Pilpel ) (Absent: Cauthen)
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3.
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Report from the Public Education & Information Committee meeting of July 15 and August 17, 2004
- Minutes of July 15, 2004. (information item)
- Draft minutes of August 17, 2004. (information item)
Committee Chair Parker reported on the Public Education & Information Committee.
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7.
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Reconsideration of Order of Determination of July 27, 2004 regarding complaint of John Kelly against the Department of Building Inspection for alleged failure by the Department to provide copies of requested records; and for official misconduct by Deputy Director Hutchinson for alleged willful failure to provide a response to a records request.
Complainant John Kelly stated that Item (1) of the Order of Determination of July 27, 2004, was responded to in a timely manner. Mr. Kelly requested this item be dropped from the Order of Determination. Mr. Kelly requested reconsideration of Item (2) dismissing the complaint; Mr. Kelly stated he had not received appropriate responses to either of his public records requests.
Kenneth Harrington, Department of Building Inspection, stated there is no new evidence for Item (2)
Motion introduced to reconsider Item (1) of the Order of Determination of John Kelly of July 27, 2004. (Parker/Comstock)
Stipulation of both parties that Item (1) of the Order of Determination of July 27, 2004 be rescinded.
Motion adopted calling the previous motion. (Parker/Nickliss) (Absent: Cauthen)
At this time the original motion was voted on. Motion introduced to reconsider Item (1) of the Order of Determination of John Kelly of July 27, 2004, that based on the stipulation of both parties that there was no violation. (Parker/Comstock) (Absent: Cauthen)
Motion adopted changing the Order of Determination of July 27, 2004, rescinding Item (1) by stipulation of both parties that there was no violation. (Comstock/Nickliss) (Absent: Cauthen)
Letter to be sent to the parties that Item (1) of the July 27, 2004 Order of Determination has been vacated.
No motion to reconsider Item (2) of the July 27, 2004 Order of Determination.
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13.
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Public comment for items not listed on the agenda.
Public comment from James Chaffee stating Member Pilpel came to a meeting of a search committee process for a new City Librarian and made statements regarding persons appearing before the Library Commission to make public comment, positive and otherwise; also statement made that the Library Commission is doing fine job and could ignore public comment.
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4.
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Report from the Complaint Committee meeting of August 10, 2004.
Committee Member Nickliss reported on Complaint Committee.
- Draft minutes of August 10, 2004. (information item)
B. Materials to assist the Task Force in making factual and legal determinations. (discussion and possible action item)
Questions of Task Force for Deputy City Attorney will be routed through the Administrator; Administrator to forward questions to all Task Force Members stating the transmittal was for information sharing only.
Member Pilpel stated he is a personal friend of Michael Housh, Custodian of Records for the Public Library.
C. Recommendation to approve jurisdiction regarding 8/3/04 complaint of Peter Warfield against the San Francisco Public Library Commission for alleged inadequate minutes that were published earlier this year.
Motion adopted approving jurisdiction of this complaint. (Nickliss/Knee) (Absent: Cauthen)
D. Recommendation to approve jurisdiction regarding 8/3/04 complaint of Peter Warfield against the San Francisco Public Library regarding alleged failure to produce records.
Motion adopted approving jurisdiction of this complaint. (Nickliss/Knee) (Absent: Cauthen)
E. Recommendation to approve jurisdiction regarding 8/3/04 complaint of Peter Warfield against the San Francisco Public Library for alleged failure of a timely response to an Immediate Disclosure Request and regarding alleged improper redaction of contact information.
Motion adopted approving jurisdiction of this complaint. (Nickliss/Knee) (Absent: Cauthen)
Public comment from Peter Warfield regarding information from Deputy City Attorney regarding assisting the Task Force in making factual and legal determinations; stated he was told there were be no different procedures in public hearings; new format confusing; all questions and decisions be communicated to members of the public.
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5.
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Continued from 7/27/04, 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.
Lorrie Kalos, Fire Department Deputy Chief, addressed the Task Force requesting reconsideration of the Order of Determination of June 22, 2004.
Motion adopted to set this item for public hearing at the next Task Force meeting to reconsider this Order of Determination. (Comstock/Williams) (Absent: Cauthen)
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6.
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Continued from 7/27/04, public hearing, complaint of Jane Martin against the Public Utilities Commission for alleged failure to release requested information.
Jane Martin, representing Shotwell Street Neighborhood Association, addressed the Task Force in support of her complaint stating she still had not received answers to her questions 1, 2, 7, and 10 which she submitted to the PUC on April 13, 2004; requested addresses of locations; have not seen addresses.
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Member Cauthen entered the meeting at this time.
Maureen Barry, representing the PUC, stated the PUC had given to Ms. Martin all the information they were able to release; everything we have to give Ms. Martin, she has.
John Roddy, City Attorney’s Office, representing the PUC, stated the information not submitted was due to information regarding potential litigation; pre-litigation claims would be disclosable.
Motion introduced to dismiss this complaint because the Task Force cannot compel the PUC to turn over documents that are attorney-client privilege information. (Parker/Williams) (Ayes: Knee, Cauthen, Sterner, Pilpel, Parker) (Noes: Comstock, Jenkins, Nickliss, Williams) The motion failed.
Order of Determination adopted dismissing this complaint because of attorney-client privilege and urging the PUC to disclose documents as soon as possible so persons may better plan their living situations. (Parker/Knee)
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Five minute recess
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8.
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Public hearing, 8/3/04 complaint of Peter Warfield against the San Francisco Public Library Commission for alleged inadequate minutes that were published earlier this year.
Member Pilpel stated he is a personal friend of Michael Housh, Custodian of Records for the Public Library.
Peter Warfield addressed the Task Force in support of his complaint.
Public comment from Emeric Kalman in support of Mr. Warfield’s complaint.
Michael Housh, Custodian of Records for the Public Library, addressed the Task Force stating the Library Commission minutes are not in violation of the Sunshine Ordinance.
Order of Determination adopted dismissing this complaint. (Pilpel/Sterner) (Ayes: Knee, Sterner, Comstock, Pilpel, Jenkins, Parker) (Noes: Cauthen, Nickliss, Williams)
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9.
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Public hearing, 8/3/04 complaint of Peter Warfield against the San Francisco Public Library regarding alleged failure to produce records.
Member Pilpel stated he is a personal friend of Michael Housh, Custodian of Records for the Public Library.
Peter Warfield addressed the Task Force in support of his complaint.
Michael Housh, Custodian of Records for the Public Library, addressed the Task Force stating the records were kept for Mr. Warfield for a length of time before being returned to their file cabinets.
Order of Determination adopted dismissing this complaint. (Parker/Pilpel)
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10.
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Public hearing, 8/3/04 complaint of Peter Warfield against the San Francisco Public Library for alleged failure of a timely response to an Immediate Disclosure Request and regarding alleged improper redaction of contact information.
Member Pilpel stated he is a personal friend of Michael Housh, Custodian of Records for the Public Library.
Motion adopted recusing Member Cauthen from this item. (Knee/Nickliss)
Peter Warfield addressed the Task Force in support of his complaint stating no statute given for redaction of material.
Michael Housh, Custodian of Records for the Public Library, addressed the Task Force stating the Public Library’s reasons for redaction of information.
Public comment from Emeric Kalman stating the information should have been a public record and an error was made in redaction.
Order of Determination adopted dismissing this complaint with notation that in the future the Public Library Custodian of Records will write a letter explaining the reasons for redaction and citing the statutory provisions. (Comstock/Nickliss) (Cauthen abstained)
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11.
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Update regarding Board of Supervisors motion for proposed changes to the Sunshine Ordinance.
Compliance & Amendments Committee Chair Knee stated the Compliance & Amendments Committee would be holding public hearings in the future.
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12.
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Administrator’s Report for August.
Administrator Hall submitted written report.
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14.
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Suggested future agenda items from the Task Force. None
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