September 28, 2004

Seat 1

Erica Craven

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

Gloria Young

Seat 7

David Pilpel

1.

Approval of minutes of August 24, 2004.

Minutes approved as amended. (Knee/Nickliss)

2.

Report from Compliance & Amendments Committee meeting of September 8, 2004.

1. Draft Minutes of September 8, 2004.

   Committee Chair Knee reported on meeting of September 8, 2004.

2. Recommendation to reconsider Order of Determination of April 22, 2004, complaint of Peter Warfield against the Public Library for alleged failure to provide requested information relating to RSI-related employee injuries/problems.

   Member Pilpel stated he was a personal friend of Michael Housh of the Public Library. Committee Chair Knee requested Member Pilpel recuse himself from discussion on this item because Member Pilpel during deliberations at the Compliance & Amendments Committee revealed that he had ex parte communication with Mr. Housh with whom he is a friend and a party and interest in this case; requested Member Pilpel to recuse himself. Member Pilpel chose to participate.

   Committee Chair Knee stated the Committee was recommending this Order of Determination be forwarded to the Ethics Commission, District Attorney, Attorney General, or Board of Supervisors.

   Public comment from Peter Warfield stating his concern with waiting another month for action on this Order of Determination.

   Deputy City Attorney Llorente suggested this item be continued because of the confusion regarding the wording on the agenda, which stated reconsideration of the 4/22/04 Order of Determination.

   Member Pilpel suggested the Task Force request the Human Resource Director for the Library to attend the next meeting to explain the Department’s human resources procedures; and request Deputy City Attorney Dorji Roberts to attend the next meeting to explain if he did in fact review the documents pertaining to this Order of Determination; and request the Deputy City Attorney for the Library Commission to attend the next meeting.

   Because of the confusion regarding the wording on the agenda, which stated "reconsideration" of the 4/22/04 Order of Determination, motion adopted to continue this item to the next meeting when representatives of Library could be in attendance. (Cauthen/Nickliss)

3. Recommendation that the a survey be sent to all City Departments to receive their comments regarding specific provisions and proposed amendments to the Sunshine Ordinance.

6.

Public comment for items not listed on the agenda.

Public comment from Peter Warfield regarding nomenclature is important in determining the discussion of an argument-- terminology of medical records—were medical records ever requested; would be helpful to have as thorough documents as possible for next meeting.

3.

Report from the Public Education & Information Committee meeting of September 9, 2004.

--Draft Minutes of September 9, 2004.

Committee Chair David Parker gave oral report.

4.

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, Assistant Deputy Chief, Support Services, Fire Department, stated that in the original transcript, the transcriber made an error in the time; the transcript stated the meeting began at 4:00 p.m.; what was found was that the meeting was scheduled and advertised and did begin at 4:30 p.m.; at 4:30 p.m. there was a time allowed for public comment; the hearing was held in closed session; at the point where closed session was reopened, public comment was heard on reopening the session and disclosing the information in closed session; public comment was again given at that time; Mr. Darmanin was not in the room at either points of public comment.

Lorrie Kalos stated regarding Section 67.15 (c) that the Fire Commission does allow three minutes of public comment. Regarding Section 67.12 (a) and (b) (4), the decision of the Commission was to disclose portions of the agreement between the charged member and the Commission; this was not required as the item does not fall under 67.23 (a) and (b) (4).

Lorrie Kalos stated that Section 67.12 (d) was not required for disclosure as this was not an employee action that falls under that section; however, the Commission did decide to do so.

Lorrie Kalos stated regarding 67.16 that they do agree the minutes were not ready in ten days; this was not the fault of the Commission; it was waiting for the transcript to come from the transcriber; there were errors in the way they were sent; do agree it was not ten days; they were received on the 11^th day and within 24 hours they were given to Mr. Darmanin.

Lorrie Kalos stated the Commission has revised its procedures to be able to post summary of the reported actions after a closed session by the close of the next business day and will submit draft of minutes within the ten working days. This is something the Department has always done; there was human error in this particular case.

Motion adopted to amend the Order of Determination of June 22, 2004 rescinding Sections 67.15 (a), (b) and (c) (Pilpel/Nickliss) (Ayes: Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Nickliss, Williams) (Noes: Craven, Parker). The motion carried.

Motion adopted rescinding the Order of Determination of June 22, 2004, stating the Task Force acknowledges the Fire Department’s willingness to improve its Sunshine Ordinance compliance. (Comstock/Nickliss) (Ayes: Knee, Cauthen, Sterner, Comstock, Jenkins, Parker, Nickliss) (Noes: Craven, Pilpel, Williams). The motion carried.

5.

Administrator’s Report for September.

Administrator Hall submitted written report.

7.

Suggested future agenda items from the Task Force.

Member Nickliss stated she would give an update on City College joint meeting at the next Task Force meeting; requested an update on meeting with School District; requested discussion regarding Ethics Commission process of the Oliver Luby/Kevin DeLiban complaint; requested discussion of appeal procedures of Ethics Commission decisions.

Member Pilpel requested Chief Fong attend a Public Education & Information Committee meeting regarding 9/26/04 SF Chronicle article in the newspaper.