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November 23, 2004

SUNSHINE ORDINANCE TASK FORCE


MINUTES*

Tuesday, November 23, 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

Rosalina Contreras-Rosado

Seat 11

Marjorie Ann Williams

Seat 5

Heather Sterner

Ex-officio

Vacant

Seat 6

Doug Comstock

Ex-officio

Donna Hall

Seat 7

David Pilpel

   

Note: First name after motion indicates member making motion; second name indicates member seconding motion. All motions passed unanimously except as noted.

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The meeting called to order at 4:05 p.m.

   

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Roll call: Present: Craven, Knee, Cauthen, Contreras-Rosado, Sterner, Comstock, Pilpel, Jenkins, Nickliss. Absent: Parker, Williams

   

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Agenda changes: Item #2 removed.

1.

Approval of minutes of October 26, 2004.

Minutes approved as corrected. (Nickliss/Knee) (Absent: Parker, Williams)

   

2.

Introduction of new Youth ex-officio appointee to the Task Force.

Removed from agenda.

   

3.

Presentation by a representative from the District Attorney’s Office on how the District Attorney’s Office handles referrals from the Task Force.

Assistant District Attorney Tom Bogott made the presentation.

Public comment:

Peter Warfield regarding no penalties in the Sunshine Ordinance for violations.

   

4.

Discussion regarding length of Task Force meetings; proposal to have each public hearing kept to a total of 30 minutes; and if hearing goes beyond the 30 minutes, the item will be continued to later in the meeting, or to the next meeting.

Public comment:

Peter Warfield regarding opposition to this proposal.

   

5.

Report from Complaint Committee meeting of November 9, 2004.

  1. Draft Minutes of November 9, 2004 (information item)
  2. Recommendation to approve jurisdiction of 10/10/04 complaint of Roland Sheppard against the Public Utilities Commission for alleged failure to produce records.

    Motion adopted. (Cauthen/Nickliss) (Absent: Parker, Williams)

  3. Recommendation to approve jurisdiction of 11/2/04 complaint of Peter Warfield against the Public Library regarding alleged failure to produce records in a timely manner.

Motion adopted. (Cauthen/Nickliss) (Absent: Parker, Williams)

   

6.

Public comment for items not listed on the agenda.

Public comment:

James Chaffee regarding August Task Force minutes not on the web; opposed to Library Commission actions; and City Attorney Office impact on the Task Force.

   

7.

Public Hearing, 1010/04 complaint of Roland Sheppard against the Public Utilities Commission for alleged failure to produce records.

Roland Sheppard spoke in support of his complaint.

Tony Winniker, Director of Communications, Public Utilities Commission, spoke in support of the Department explaining the documents that were provided to Mr. Sheppard.

Kevin Williams, representing Mr. Sheppard, spoke in support of Mr. Sheppard.

Letter to be sent to the PUC, with a copy to the City Attorney, stating the Task Force has designated a Task Force Member to review documents from the PUC and report at the next Task Force meeting.

Motion adopted continuing this public hearing to the next meeting; and directing the PUC to be prepared to answer questions and bring back information that have arisen at this public hearing (regarding discipline imposed and releasable information on this; on-going investigation and litigation and records related to both of those; would there be releasable documents with or without redaction with regard to the investigation and litigation; 67.24 (c) (7) clarification; a recap of Mr. Sheppard’s request; provide audio tape of Commission meetings where this was a topic and corresponding minutes; funds breakdown deeper than 087 for the Southeast Facility; financial reports; police report or reference to the police report).

(Nickliss/Contreras-Rosado) (Absent: Parker, Williams)

   

8.

Administrator’s Report for November.

Administrator Donna Hall submitted written report.

   

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Member Contreras-Rosado left the meeting at this time.

   

9.

Public Hearing, 11/2/04 complaint of Peter Warfield against the Public Library regarding alleged failure to produce records in a timely manner.

Complainant Peter Warfield regarding support of his complaint.

Member Pilpel stated he had a personal relationship with Michael Housh of the Public Library.

Motion introduced finding the Library in violation of Sunshine Ordinance Sections 67. 21 (a) and 67.26. (Comstock/Nickliss) (Ayes: Craven, Knee, Cauthen, Nickliss, Comstock) (Noes: Sterner, Pilpel, Jenkins) (Absent: Contreras-Rosado, Parker, Williams). The motion failed.

   

10.

Report from Compliance & Amendments Committee meeting of November 10, 2004. (Richard Knee) (20 min)

  1. Draft Minutes of November 10, 2004 (information item)
  2. Recommendation that a letter be sent to the Planning Commission recommending that the general public comment item on their agendas be held at a different time than at the end of their meetings.

Letter to be sent to the Planning Commission expressing appreciation for placing two public hearing times on Planning Commission agendas.

   

11.

Announcements, questions, and future agenda items from the Task Force.

Member Cauthen requested the Library Citizens Advisory Committee meeting cancellation be placed on a future agenda.

 

Member Nickliss requested the Ethics Commission decision regarding the Oliver Luby/Kevin DeLiban decision be placed on the Compliance & Amendments Committee agenda.

Member Pilpel requested the Ethics Commission be invited to the next Task Force meeting; requested Deputy City Attorney Llorente report on Proposition 59; requested the ad hoc committees schedule meetings; requested procedure be added to Complaint process requesting 13 copies of material submitted at day of Task Force meetings; requested letter be sent by the Chair to the City Attorney regarding the practice of department Deputy City Attorney not appearing at Task Force meetings.

   

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The meeting adjourned at 8.25 p.m.


Submitted by Donna L. Hall, Administrator

*This meeting has been audio recorded and is on file in the office of the Sunshine Ordinance Task Force.

Last updated: 8/18/2009 1:57:06 PM