SUNSHINE ORDINANCE TASK FORCE
MINUTES
Tuesday, January 25, 2005
4:00 p.m., City Hall, Room 408
Task Force Members
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Seat 1
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Erica Craven
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Seat 8
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Garrett Jenkins (Chair)
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Seat 2
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Richard Knee
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Seat 9
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David Parker
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Seat 3
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Sue Cauthen
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Seat 10
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Alexandra Nickliss (Vice-Chair)
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Seat 4
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Rosalina Contreras-Rosado
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Seat 11
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Marjorie Ann Williams
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Seat 5
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Heather Sterner
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Seat 6
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Doug Comstock
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Ex-officio
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Gloria Young
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Seat 7
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David Pilpel
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Ex-officio
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Vacant
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Note: Each item on the Agenda may include minutes, department or agency letters and reports; Task Force reports; and public correspondence. These items will be available for review at City Hall, Sunshine Ordinance Task Force, Room 244.
Call to Order: The meeting was called to order at 4:00 p.m.
Roll Call: Present: Craven, Knee, Cauthen (4:03 p.m.), Sterner, Comstock, Pilpel(4:03 p.m.), Jenkins, Parker, Nickliss, Williams.
Absent: Contreras-Rosado.
Agenda Changes: None.
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1.
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Approval of minutes of December 21, 2004.
Deferred to next meeting. (Pilpel/Knee)
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2.
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05-001
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Continued determination of action, 10/10/04 complaint of Roland Sheppard against the Public Utilities Commission for alleged failure to produce records.
Motion to find that there is no violation and urge that a redacted version of the EEO report be provided by PUC. (Knee/Nickliss)
Ayes: Craven, Knee, Cauthen, Sterner, Jenkins, Parker, Nickliss
Nays: Comstock, Pilpel, Williams
Absent: Contreras-Rosado
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3.
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Supervisor of Public Records report.
Deputy City Attorney, Dorji Roberts made the presentation.
Received from Dorji Roberts, Fifth Annual Report of the Supervisor of Records, and filed.
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4.
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Report from Complaint Committee meeting of December 14, 2004 and January 12, 2005. (Sue Cauthen) (10 min)
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05-002
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Recommendation to approve jurisdiction of complaint filed by Luce Forward, Attorneys at Law, on behalf of Joe Cassidy, against Supervisor Maxwell’s Office for alleged failure to produce complete records.
Motion to grant jurisdiction.
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Jenkins, Parker, Nickliss
Nays: Williams
Absent: Contreras-Rosado, Pilpel
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05-003
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Recommendation to approve jurisdiction of complaint filed by Luce Forward, Attorneys at Law, on behalf of Sean Keighran, against Supervisor Maxwell’s Office for alleged failure to produce complete records.
Motion to excuse Member Comstock on this subject. (Parker/Knee)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss
Nays: Williams
Absent: Contreras-Rosado
Motion to grant jurisdiction. (Cauthen/Sterner)
Ayes: Craven, Knee, Cauthen, Sterner, Pilpel, Jenkins, Parker, Nickliss,
Nays: Williams
Absent: Contreras-Rosado,
Excused: Comstock
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05-004
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Recommendation to approve jurisdiction of complaint filed by Cheryl Brinkman, Pat Christensen, and Sue Vaughn against the Golden Gate Park Concourse Authority regarding alleged failure provide documents prior to a meeting.
Motion to grant jurisdiction. (Cauthen/Nickliss)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams
Nays: None
Absent: Contreras-Rosado
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05-005
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Recommendation to approve jurisdiction of complaint of Joseph Engler against the San Francisco Police Department regarding alleged failure to produce complete records
Motion to grant jurisdiction. (Cauthen/Nickliss)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Nickliss
Nays: Parker, Williams
Absent: Contreras-Rosado
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05-006
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Recommendation to approve jurisdiction of an Anonymous Person against the Ethics Commission regarding alleged failure to properly notice a meeting.
Motion to excuse Member Pilpel on this subject. (Parker/Nickliss)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams
Nays: none.
Absent: Contreras-Rosado
Motion to grant jurisdiction. (Cauthen/Nickliss)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Jenkins, Parker, Nickliss, Williams
Nays: None
Absent: Contreras-Rosado
Excused: Pilpel
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5.
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05-002
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Public Hearing, complaint filed by Luce Forward, Attorneys at Law, on behalf of Joe Cassidy, against Supervisor Maxwell’s Office for alleged failure to produce complete records.
William Marchant, Luce, Forward, Hamilton & Scripps LLP, complainant
Greg Asay, aide to Supervisor Maxwell, city representative
Joe Cassidy, complainant, Rebuttal
Public Comment: Sean Keighran; Francisco De Costa; Dave O’Keith.
Motion to dismiss the complaint based on a finding that the allegations have not been proven. However, the Sunshine Ordinance Task Force urges Supervisor Maxwell to comply with the spirit and intent of Open Government and retain e-mails, phone logs, and documents related to proposed legislation. (Sterner/Knee)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Nickliss
Nays: Jenkins, Parker, Williams
Absent: Contreras-Rosado
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6.
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05-003
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Public Hearing, complaint filed by Luce Forward, Attorneys at Law, on behalf of Sean Keighran, against Supervisor Maxwell’s Office for alleged failure to produce complete records.
Sean Keighran, complainant
Greg Asay, aide to Supervisor Maxwell, city representative
Ernest Lorrento, Deputy City Attorney
William Marchant, Luce, Forward, Hamilton & Scripps LLP, rebuttal
Public Comment: Lauren Lat; Dave O’Keith; Joe Cassidy.
Received from Sean Keighran, untitled document, and filed.
Received from Lauren Lat, Documents Produced document, and filed.
No action taken
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7.
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05-004
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Public Hearing, complaint filed by Cheryl Brinkman, Pat Christensen, and Sue Vaughn against the Golden Gate Park Concourse Authority regarding alleged failure provide documents prior to a meeting.
Sue Vaughn, complainant
Mike Elsey, Executive Director, Golden Gate Park Concourse Authority, city representative
Cheryl Brinkman, rebuttal
Public Comment: Chris Keysetan; Bruce Wolfe.
Received from Bruce Wolfe, Brinkman et al v GGPCA document, and filed.
Motion to find that the Golden Gate Park Concourse Authority violated Section 67.6(f) of the Sunshine Ordinance by failing to state in the Notice of Special Meeting/Agenda that the Environmental Impact Report Addendum would be considered during the deliberations of the GGPCA. In addition, this order will be referred to the Board of Supervisors, Ethics Commission, and the Recreation and Parks Commission. (Parker/Knee)
Ayes: Craven, Knee, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams
Nays: none.
Absent: Contreras-Rosado, Cauthen
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8.
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05-005
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Public Hearing, complaint filed by Joseph Engler against the San Francisco Police Department regarding alleged failure to produce complete records.
Sgt. Joseph Engler, SF Police, complainant
Sgt. William Goggan, SF Police, city representative
Edgardo Martinez, SF Police, city representative
Public Comment: none.
Motion to find that the San Francisco Police Department violated Sections 67.21(b), 67.24(c), and 67.27(a)(d) by failing to disclose the Lt.’s list in unredacted form and the secondary list that was also used in appointment process. This order shall be forwarded to the Civil Service and Police Commissions. (Comstock/Knee)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams
Nays: none.
Absent: Contreras-Rosado
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9.
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05-006
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Public Hearing, complaint filed by an Anonymous Person against the Ethics Commission regarding alleged failure to properly notice a meeting.
Public Comment: Marc Salomon.
Motion to continue. (Comstock/Sterner)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Jenkins, Nickliss, Williams
Nays: Parker
Absent: Contreras-Rosado
Excused: Pilpel
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10.
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Report from Compliance & Amendments Committee meeting of January 12, 2005.
Member Knee made the report.
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11.
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Report from Public Education and Information Committee meeting of January 13, 2005.
Member Parker made the report.
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12.
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Report from the Ad Hoc Committee meeting of January 11, 2005
Member Nickliss made the report.
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05-008
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Discussion and consideration of draft memorandum to the City College Governing Board pertaining to Proposition 59 and how it should guide the City College Board of Trustees in their efforts to comply with the requirements of the Sunshine Ordinance.
Motion to accept memorandum with pending amendments without objections. (Nickliss/_____)
(Without Objection)
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13.
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Administrator’s Report for December.
Interim Administration Adele Destro made the report.
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14.
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Public comment for items not listed on the agenda. Public comment to be held at 5:00 p.m., or as soon thereafter as possible.
Speakers: Francisco Da Costa.
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15.
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Announcements, questions, and future agenda items from the Task Force.
Received from Member Pilpel, Sunshine Training for Communications Division document, and filed.
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Adjournment: The meeting adjourned at 9:45 p.m.
The Next Regular Meeting February 22, 2005
THE AGENDA PACKET IS AVAILABLE FOR REVIEW
MONDAY THROUGH FRIDAY AT CITY HALL, ROOM 244
SUNSHINE ORDINANCE TASK FORCE HEARING PROCEDURES
Note: Each member of the public will be allotted the same maximum number of minutes to speak as set by the Chair at the beginning of each item, excluding persons requested by the Task Force to make presentations.
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1.
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Complainant presents his/her facts and evidence
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5 minutes
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Other parties present facts and evidence
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Up to 3 minutes each
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2.
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City responds
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5 minutes
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Other parties of City respond
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Up to 3 minutes each
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Above total speaking time for Complainant and City to be the same
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3.
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Complainant presents rebuttal
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3 minutes
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4.
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Public comment
(Excluding Complainant & City response, witnesses)
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Up to 3 minutes each
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5.
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Matter is with the Task Force for discussion and deliberation
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6.
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Vote by Task Force
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Note: Time must be adhered to, if a speaker is interrupted by questions, the interruption does not count against his/her time.
Disability Access: The hearing room is wheelchair accessible.
Chemical-Based Products: In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.
Cell phones, pagers and similar sound-producing electronic devices : The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact Adele Destro by mail to Interim Administrator, Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102-4689; by phone at 415 554 7724; by fax at 415 554 7854; or by email at sotf@sfgov.org.
Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Ms. Destro or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, http://www.sfgov.org/sunshine/
Lobbyist Registration & Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (SF Campaign & Governmental Conduct Code Sec. 2.100) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415 581-2300; fax (415 581-2317); web site: sfgov.org/ethics.