SUNSHINE ORDINANCE TASK FORCE
DRAFT MINUTES
Tuesday, February 22, 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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Vacant
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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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Call to Order: The meeting was called to order at 4:00 p.m.
Roll Call: Present: Craven, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker (4:26 p.m.), Nickliss. Absent: Knee, Williams.
Agenda Changes: none.
Deputy City Attorney: Ernest Llorente
Clerk: Victor Young
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1.
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Approval of minutes of December 21, 2004.
Motion to approve. (Nickliss/Comstock)
Ayes: Craven, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Nickliss.
Absent: Knee, Parker, Williams.
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2.
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Approval of minutes of January 25, 2005.
Motion to approve. (Nickliss/Comstock)
Ayes: Craven, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Nickliss.
Absent: Knee, Parker, Williams.
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3.
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Report from Complaint Committee meeting of February 8, 2005.
Member Cauthen made the report.
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05-009
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Recommendation to approve jurisdiction of complaint filed by Curtis Eisenberger and Fred Snyder against the Planning Department for alleged failure to produce complete records.
Motion to grant jurisdiction. (Cauthen/Nickliss)
Ayes: Craven, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Nickliss.
Absent: Knee, Parker, Williams.
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05-010
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Recommendation to approve jurisdiction of complaint filed by Ben Rosenfeld against the Sheriff's Department for alleged failure to produce complete records.
Motion to grant jurisdiction. (Cauthen/Pilpel)
Ayes: Craven, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Nickliss.
Absent: Knee, Parker, Williams.
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4.
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05-006
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Continued Public Hearing, complaint filed by an Anonymous Person against the Ethics Commission regarding alleged failure to properly notice a meeting.
Marc Salomon, supporting complainant
Bob Planthold, supporting complainant
John St. Croix, Executive Director, Ethics Commission, Department Representative.
Public Comment: Joe Lynn; Ginny Vida, Former Director of the Ethics Commission; David Pilpel, spoke as a member of the public.
Motion adopting findings that the Ethics Commission is in violation of Section 67.6(f) of the Sunshine Ordinance based on inappropriate noticing and mailing to local media and requests referral to the Board of Supervisors for enforcement action. (Comstock/Nickliss)
Aye: Craven, Sterner, Comstock, Jenkins, Parker, Nickliss.
Absent: Knee, Cauthen, Williams.
Excused: Pilpel.
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5
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05-009
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Public Hearing, complaint filed by Curtis Eisenberger and Fred Snyder against the Planning Department for alleged failure to produce complete records.
Curtis Eisenberger, complainant
Fred Snyder, complainant
Philip Lessor, support of complainant
Johnny Jaramillo, Planning Department, City Representative.
Public Comment: Tomas Shuen.
Motion to find that the Planning Department is in violation of Sections 67.21 and 67.25 of the Sunshine Ordinance based on timeliness of response; failure to explain reason for lateness; and urges the Planning Department to rectify the lack of a department Custodian of Records. (Comstock/Nickliss)
Aye: Craven, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss.
Absent: Knee, Cauthen, Williams.
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6.
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05-010
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Public Hearing, complaint filed by Ben Rosenfeld against the Sheriff's Department for alleged failure to produce complete records.
Ben Rosenfeld, complainant.
James F. Harringan, Legal Counsel to the Sheriff, City Representative.
Public Comment: Jansen Quian; Barbara Dutch; Johnathan Struvino; Carry Lambauch; John Biola.
Motion to find that the Sheriff’s Department is (1) in violation of Sections 67.21, 67.24(b), and 67.27 of the Sunshine Ordinance; (2) that the Sheriff’s Department shall release all records which they are not strictly prohibited from releasing in the broadest construal of the Sunshine Ordinance; and (3) with respect to those records from which waivers must be provided, such records shall be released upon receipt of such waivers. (Parker/Nickliss)
Ayes: Craven, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss.
Absent: Knee, Cauthen, Williams.
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7.
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Report from Compliance & Amendments Committee meeting of February 9, 2005
Continued to future meeting.
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8.
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Report from Public Education and Information Committee meeting of February 10, 2005.
Member Pilpel made the report.
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9.
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Report from Ad Hoc Committee
No report made.
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10.
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Administrator’s Report for January.
Adele Destro, Interim Administrator, Sunshine Ordinance Task Force, made the report.
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11.
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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:
Marc Salomon; budget for the Sunshine Ordinance Task Force
Joe Lynn; Sunshine Ordinance Training for city departments
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12.
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Announcements, questions, and future agenda items from the Task Force.
Request to send a letter of concern to the elections Commission concerning public comment.
Chair Jenkins announce his intention to resign.
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Adjournment: 9:24 p.m.
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Next Regular Meeting March 22, 2005
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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.