SUNSHINE ORDINANCE TASK FORCE
MINUTES*
Tuesday, October 26, 2004
4:00 p.m., City Hall, Room 408
Task Force Members
|
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
|
|
|
Note: First name indicates member making motion; second name indicates member seconding motion. All motions passed unanimously except as noted.
The meeting called to order at 4:00 p.m. On the call of the roll, all members present except Members Comstock, Parker, Pilpel. (Member Pilpel entered the meeting on Item 2)
No agenda changes.
|
1.
|
Approval of minutes of September 28, 2004.
Minutes approved as amended (Items 2-B, 4 6, 7) (Nickliss/Cauthen) Absent: Comstock, Parker, Pilpel
|
| |
|
|
2.
|
Consideration of recommendation from the Compliance & Amendments Committee to refer the 3/8/04 complaint of Peter Warfield and the 4/22/04 Order of Determination, and all supporting documents, to separate agencies with enforcement powers because of the Public Library’s alleged failure to comply with the Order of Determination. (The Order of Determination required the Public Library to provide assistance in obtaining records in the department’s control, and to provide statutory provisions which would exempt documents from disclosure relating to RSI-related employee injuries/problems.)
|
| |
|
|
--
|
Member Pilpel entered the meeting at this time.
|
| |
|
| |
Complainant Peter Warfield addressed the Task Force in support of this consideration of recommendation from the Compliance & Amendments Committee regarding the 3/8/04 complaint of Mr. Warfield and the 4/22/04 Order of Determination of the Task Force.
Member Pilpel stated he is a personal friend of Michael Housh of the Public Library.
Public comment from:
Luella Harris regarding decision on motion—keep in mind word "stonewalling."
Emeric Kalman regarding supporting sending this item to the Ethics Commission.
Motion adopted this matter regarding the 3/8/04 complaint of Peter Warfield and the 4/22/04 Order of Determination be referred to the Ethics Commission and the District Attorney of San Francisco. (Knee/Nickliss) (Ayes: Craven, Knee, Cauthen, Sterner, Jenkins, Nickliss, Williams) (Noes: Pilpel) (Absent: Comstock, Parker)
|
| |
|
|
7.
|
Public comment for items not listed on the agenda.
Public comment from Emeric Kalman regarding concern of no uniform standard of taking of minutes by City commissions and committees.
|
| |
|
|
3.
|
Report from Rules Committee meeting of September 22, 2004.
A. Draft minutes of September 22, 2004. (information item)
- Recommendation to add language to the Complaint Procedures regarding reconsideration of Orders of Determination.
Public comment from Peter Warfield regarding what motivated this item.
Motion adopted adding the following language to the Complaint Procedures regarding reconsideration of Orders of Determination:
"Within 10 days of service of the Order of Determination, either Complainant or Respondent Agency may petition the Sunshine Ordinance Task Force for a reconsideration of the Order on the grounds of new information that had not been available to the party at the time of the hearing of the complaint. A finding that reconsideration is proper can be granted if it is shown that the information either was not known to the party who exercises due diligence in preparing the case for hearing or that the information did not exist until after the hearing. The information must be of such a type as to be relevant to the final decision.
The Task Force would consider the petition at its next scheduled meeting, and if the petition is granted, then a new hearing on the complaint would be scheduled at the next available date." (Sterner/Nickliss) (Absent: Comstock, Parker)
- Recommendation that members of the Task Force request from the chairs of committees if they wish to speak on an item on a committee agenda if they are not a member of that committee.
Public comment from Peter Warfield regarding it being problematic to have a meeting notice that might be a meeting of the subcommittee or if enough show up will be a meeting of the full Task Force.
Motion adopted when a member of the Task Force who is not a member of a particular subcommittee wishes to participate on an item on the committee agenda, the Chair shall have the authority to decide whether that member will speak from the dais or from the audience gallery, and as a matter of courtesy, the member should notify the Chair of their request to participate. (Sterner/Nickliss) (Absent: Comstock, Parker)
- Recommendation that when members of the Task Force have questions of departments regarding an issue before the Task Force that the questions go through the Administrator who will then contact the department and copy the request to all Task Force members.
Public comment from Peter Warfield regarding concerned about the contact the Task Force has with a department without complainant knowledge; include both parties to process.
Motion adopted that when members of the Task Force have questions of departments or complainant regarding a complaint before the Task Force, the questions go before the Administrator who will then contact the parties in question and copy the request to all Task Force members and other interested parties; and the responses distributed to all parties soon as it is available. (Sterner/Pilpel) (Comstock, Parker absent)
|
| |
|
|
5.
|
Report from the Public Education & Information Committee meeting of October 14, 2004.
- Draft Minutes of October 14, 2004. (information item)
- Approval of updated Public Education & Information Committee Mission and Work Plan.
Public comment from Peter Warfield regarding concern the Task Force is not sufficiently taking into account members of the public; concerned with training portion of the guidelines.
Motion adopted approving the updated Public Education & Information Committee Mission and Work Plan by adding "The Committee will offer Sunshine Ordinance education to members of the public, community groups, and city personnel" and adding "The Committee will assist the City Attorney’s Office in coordinating training for custodians of records of departments, secretaries and clerks of boards and commissions, members of boards and commissions, department heads, public information officers, and all those required to file Statements of Economic Interests forms. (Pilpel/Williams) (Absent: Comstock, Parker)
|
| |
|
|
--
|
Member Williams left the meeting at this time.
|
| |
|
|
--
|
Five minute recess.
|
| |
|
|
--
|
Member Cauthen left the meeting at this time.
|
|
4.
|
Report from Compliance & Amendments Committee meeting of October 13, 2004.
- Draft Minutes of October 13, 2004 (information item)
- Approval of updated Compliance & Amendments Committee Mission and Work Plan.
Public comment from Peter Warfield regarding concern with ordinance sections regarding non-compliance issues and promptness—within five days non-compliance shall be sent to District Attorney or the Attorney General and if the work plan coordinates with that.
Motion adopted approving the updated Committee Mission and Work Plan by adding "Distribute information to non-profits covered under Administrative Code Chapter 12L; and deleting "Address any additional concerns regarding the complaint process and make recommendations for reform to the full SOTF." (Knee/Pilpel) (Absent: Cauthen, Comstock, Parker, Williams)
|
| |
|
|
6.
|
Administrator’s Report for October. Report given.
|
| |
|
|
8.
|
Suggested future agenda items from the Task Force.
Member Knee reported on School Board meeting; Sunshine Ordinance guidelines to be submitted by next May.
Member Pilpel requested the ad hoc committees meet.
On next agenda, this item will include announcements from the Task Force Members.
|
The meeting adjourned at 7:25 p.m. Donna L. Hall, Administrator
This meeting has been audio recorded and is on file in the office of the Sunshine Ordinance Task Force