SUNSHINE ORDINANCE TASK FORCE
MINUTES
Tuesday, March 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, Knee, Cauthen, Sterner, Comstock, Pilpel,
Jenkins, Parker, Nickliss, Williams.
Agenda Changes: Item 2 heard out of order.
Deputy city Attorney: Ernest Llorente
Clerk: Victor Young
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1.
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Election of Chair:
Nominations: Doug Comstock (Cauthen/Jenkins)
Appointing Doug Comstock as chair of the Sunshine Ordinance Task Force.
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams.
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2.
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Approval of minutes of February 22, 2005.
Amended and continued to next meeting.
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3.
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Discussion of staffing the SOTF Administrator position.
Speakers: Gloria L. Young, Clerk of the Board, spoke on the Office of the Clerk of the Board absorbing the duties of the Administrator and support provided is the equivalent of a fulltime position.
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4.
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Report from Complaint Committee meeting of March 8, 2005
Member Cauthen made the report.
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05-011
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Recommendation to approve jurisdiction of complaint filed by Dr. Ahimsa Porter Sumchai against Supervisor Maxwell for alleged inadequate proper noticing of the December 6, 2004 Land Use Committee meeting pertaining to the 14 items relating to the Hunters Point Shipyard; and inadequate public comment.
Speakers: Dr. Ahimsa Porter Sumchai.
Motion to grant jurisdiction. (Cauthen/Knee)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams.
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05-013
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Recommendation to approve jurisdiction of complaint filed by Joseph Engler against the San Francisco Police Department regarding alleged willfully refusing to provide public documents.
Speakers: none.
Motion to grant jurisdiction. (Cauthen/Jenkins)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Jenkins, Parker, Nickliss, Williams.
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5.
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05-011
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Public Hearing, complaint filed by Dr. Ahimsa Porter Sumchai against Supervisor Maxwell for alleged inadequate proper noticing of the December 6, 2004 Land Use Committee meeting pertaining to the 14 items relating to the Hunters Point Shipyard; and inadequate public comment.
Dr. Ahimsa Porter Sumchai, complainant
Madeleine Licavoli, Deputy Clerk, Board of Supervisors
Motion to find that there was no violation of the Sunshine Ordinance. However, pursuant to Sunshine Ordinance 67.3(c) a letter shall be directed to the Board of Supervisors urging them to refrain from "bundling" of legislative matters at Board and Committee Meetings. (Knee/Cauthen)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Parker, Williams
Absent: Nickliss
Excused: Jenkins
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6.
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05-013
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Public Hearing, complaint filed by Joseph Engler against the San Francisco Police Department regarding alleged willfully refusing to provide public documents.
Speakers: Joseph Engler, complainant, and Lt. Doug Groshong, Police Department
Motion to find that the Police Department may have violated 67.24(c) of the Sunshine Ordinance by its over broad application of Penal Code 832.7 and 832.8, which prohibits the release of Police Personnel Records, in this case when the release of some of the information would not specifically harm any job applicant to the Police Department. The Task Force urges the Police Department to apply Penal Code 832.7 and 832.8 as narrowly as possible. The people have the right to know the qualification and education of those in all City departments. (Parker/Knee)
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Parker, Williams; Noes. Pilpel; Absent: Nickliss; Excused: Jenkins
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7.
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Report from Compliance & Amendments Committee meeting of March 9, 2005.
Member Knee made the report.
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8.
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Report from Public Education and Information Committee meeting of March 10, 2005.
Member Parker made the report.
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9.
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Report from Ad Hoc Committee meeting of February 28, 2005
Continued to the next meeting.
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10.
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Administrator’s Report for February.
Adele Destro, Interim Administrator, 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: none.
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12.
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Announcements, questions, and future agenda items from the Task Force.
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Adjournment
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The meeting adjourned at 8:25 p.m.
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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.