SUNSHINE ORDINANCE TASK FORCE
MINUTES
Tuesday, August 23, 2005
4:00 p.m., City Hall, Room 408
Task Force Members
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Seat 1
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Erica Craven (Vice Chair)
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Seat 8
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Bruce Wolfe
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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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Nick Mueller
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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 (Chair)
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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 called to order at 4:00 p.m.
Roll Call Present: Craven, Knee, Cauthen, Sterner (excused) Comstock, Pilpel, Wolfe, Parker (arrived at 5:07 p.m.), Mueller, Williams
Agenda Changes None
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1.
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Approval of minutes of July 26, 2005.
Speakers: None
Motion to approve minutes of July 26, 2005. (Wolf/Williams)
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Mueller, Williams
Absent: Parker
Excused: Sterner
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2.
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Administrator’s Report.
Gloria L. Young, Clerk of the Board of Supervisors informed the Task Force that Frank Darby would assume the role of the Sunshine Ordinance Task Force Administrator effective September 6, 2005.
Speakers: None
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3.
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Continued discussion of member or public making harassing or discriminatory comments at a public meeting.
This item was heard after item #8
Philip Ginsburg, Director of Human Resources, addressed the Task Force on the reason why the on-line video of the recent Building Inspection Commission meeting was edited on the SFGTV web site.
Speakers: None
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4.
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Report from Complaint Committee meeting of August 9, 2005.
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05025
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Recommendation to accept jurisdiction of complaint filed by Juan De Anda against the Department of Public Health for alleged denial of budget reports used to conduct Outreach from the Cultural Competence and Consumer Relations Office.
Speakers: None
Motion to accept jurisdiction of complaint filed by Juan De Anda against the Department of Public Health for alleged denial of budget reports used to conduct Outreach from the Cultural Competence and Consumer Relations Office. (Cauthen/Knee)
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Mueller, Willams
Absent: Parker
Excused: Sterner
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05026
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Recommendation to accept jurisdiction of complaint filed by Patrick Monette-Shaw against the Mayor’s Long Term Care Coordinating Council (LTCCC) for alleged refusal to take public testimony on one of the agenda items, claiming it was a passive meeting body not subject to Sunshine Ordinance rules and untimely posting of meeting agendas and minutes.
Speakers: None
Motion to accept jurisdiction of complaint filed by Patrick Monette-Shaw against the Mayor’s Long Term Care Coordinating Council (LTCCC) for alleged refusal to take public testimony on one of the agenda items, claiming it was a passive meeting body not subject to Sunshine Ordinance rules and untimely posting of meeting agendas and minutes. (Cauthen/Wolfe)
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Mueller, Willams
Absent: Parker
Excused: Sterner
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05027
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Recommendation to accept jurisdiction of complaint filed by James Keys against the Mayor’s Office for alleged violation of public records access regarding Comcast information.
Speakers: None
Motion to accept jurisdiction of complaint filed by James Keys against the Mayor’s Office for alleged violation of public records access regarding Comcast information. (Cauthen/Wolfe)
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Mueller, Willams
Absent: Parker
Excused: Sterner
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05028
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Recommendation to accept jurisdiction of complaint filed by Tom Feledy against the Department of Human Resources and San Francisco Police Department for alleged denial of access to public records pertaining to the 2004 SFPD Lieutenant’s test citing attorney-client privilege and attorney work product.
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05028A
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Recommendation to accept jurisdiction of complaint filed by Tom Feledy against the Civil Service Commission pertaining to the 2004 SFPD Lieutenant’s test for alleged citing anticipated pre-litigation defense exception to the Brown Act.
Speakers: None
Motion to accept jurisdiction of complaint filed by Tom Feledy against the Department of Human Resources and San Francisco Police Department for alleged denial of access to public records pertaining to the 2004 SFPD Lieutenant’s test citing attorney-client privilege and attorney work product and the Civil Service Commission for alleged citing anticipated pre-litigation defense exception to the Brown Act. (Cauthen/Knee)
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Mueller, Willams
Absent: Parker
Excused: Sterner
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5.
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05025
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Public Hearing, complaint filed by Juan De Anda against the Department of Public Health for alleged denial of budget reports used to conduct Outreach from the Cultural Competence and Consumer Relations Office.
Speakers: Juan De Anda, Complainant, Susan Esposito, Assistant Director of Clinical Services, Department of Public Health, Helynna Brooke, Director, San Francisco Mental Health Board and Patrick Monette-Shaw, Member of the public
Motion to find no violation and that the Task Force urges the department to further work with the complainant on his requests. (Pilpel/Knee)
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Mueller, Willams
Noes: Wolfe, Parker
Excused: Sterner
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6.
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05026
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Public Hearing, complaint filed by Patrick Monette-Shaw against the Mayor’s Long Term Care Coordinating Council (LTCCC) for alleged refusal to take public testimony on one of the agenda items, claiming it was a passive meeting body not subject to Sunshine Ordinance rules and untimely posting of meeting agendas and minutes.
Speakers: Patrick Monette-Shaw, Complainant, Anna Hiton, Director, Department of Aging and Adult Services
Motion to dismiss complaint that no violation occurred and that the Task Force encourages all passive-meeting bodies, including the Mayor’s Long Term Care Coordinating Council to include public comment to their procedures. (Parker/Knee)
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Parker, Mueller
No: Williams
Excused: Sterner
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7.
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05027
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Public Hearing, complaint filed by James Keys against the Mayor’s Office for alleged violation of public records access regarding Comcast information.
Speakers: James Keys, Complainant, Darlin Chiu, Chief Deputy Communications Director, Office of the Mayor, Ron Vinson, Department of Telecommunication and Information Services
Motion to dismiss the complaint. (Parker/Pilpel)
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Parker, Mueller
No: Williams
Excused: Sterner
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8.
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05028
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Public Hearing, complaint filed by Tom Feledy against the Department of Human Resources and San Francisco Police Department for alleged denial of access to public records pertaining to the 2004 SFPD Lieutenant’s test citing attorney-client privilege and attorney work product.
Speakers: Tom Feledy, Complainant, John Vernetta, Member of the public, Lt. Douglas Groshong, Commanding Officer, San Francisco Police Department
Motion to take no action.
Without objection.
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9.
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05028A
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Public Hearing, complaint filed by Tom Feledy against the Civil Service Commission pertaining to the 2004 SFPD Lieutenant’s test for alleged citing anticipated pre-litigation defense exception to the Brown Act.
Speakers: Tom Feledy, Complainant, Anita Sanchez, Executive Officer, Civil Service Commission, Donald Casper, Member, Civil Service Commission
Motion to take no action.
Without objection.
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10.
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Report from Compliance & Amendments Committee meeting of
August 10, 2005.
Member Knee made the report and submitted a draft letter to the Civil Grand Jury regarding nonprofit agencies.
Speakers: None
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11.
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Report from Public Education and Information Committee meeting of
August 11, 2005. (David Pilpel) (10 min) (no attachment)
- Recommendation to differentiate annual training pursuant to Administrative Code Section 67.33 based on participants’ having attended prior trainings or other criteria.
- Recommendation to change committee name to Education, Outreach, and Training Committee.
Member Pilpel made the report.
Speakers: None
Motion to differentiate annual training pursuant to Administrative Code Section 67.33 based on participants’ having attended prior trainings or other criteria. Without objection.
Motion to change committee name to Education, Outreach, and Training Committee. Without objection.
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12.
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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.
Patrick Monette-Shaw, member of the public, commended the Task Force for writing to the Civil Grand Jury; John Vernetta, member of the public, spoke on the SFPD Lieutenant’s test.
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13.
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Announcements, questions, and future agenda items from the Task Force.
Members Pilpel and Comstock spoke on the School District’s implementation of the Sunshine Ordinance.
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Member Pilpel submitted to the Task Force a proclamation to be presented to Adele Destro, Interim Sunshine Ordinance Task Force Administrator.
Motion to present a proclamation to Adele Destro, Interim Sunshine Ordinance Task Force Administrator.
Without objection.
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Adjournment
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Meeting was adjourned at 10:04 p.m.
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This meeting has been audio recorded and is on file in the office of the Sunshine Ordinance Task Force.
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.