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October 25, 2005

SUNSHINE ORDINANCE TASK FORCE
MINUTES

Tuesday, October 25, 2005
4:00 p.m., City Hall, Room 408

Task Force Members

Seat 1

Erica Craven (Vice Chair)

Seat 8

Bruce Wolfe

Seat 2

Richard Knee

Seat 9

David Parker

Seat 3

Sue Cauthen

Seat 10

Nick Mueller

Seat 4

Vacant

Seat 11

Marjorie Ann Williams

Seat 5

Heather Sterner

   

Seat 6

Doug Comstock (Chair)

Ex-officio

Gloria Young

Seat 7

David Pilpel

Ex-officio

Vacant


Call to Order The meeting called to order at 4:04 p.m.

Roll Call Present: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Wolfe (arrived at 4:35 p.m.), Parker (arrived at 4:36 p.m.), Mueller, Williams

Deputy City Attorney: Ernie Llorente

Administrator: Frank Darby, Jr.

Agenda Changes Item #11, and #7 were heard after item #4

1.

 

Approval of minutes of September 27, 2005.

Speakers: None

Motion to approve as amended ( Knee / Sterner )

Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Mueller, Williams

Absent: Wolfe, Parker

The Task Force instructed the Administrator to include the Orders of Determination from previous meetings with the Administrators Report.

2.

 

Special recognition.

Speakers: None

The Task Force announced a special recognition for former Interim Administrator, Adele Destro and instructed the Administrator to submit the recognition to her by mail.

3.

 

Report from Complaint Committee meeting of October 11, 2005.

Member Cauthen made the report

 

05029

Continued item on recommendation to accept jurisdiction of complaint filed by John Kelly against the District Attorneys Office for alleged unlawful refusal to provide public records and failure to respond to a supplemental public records request in violation of Sections 67.21 (b) and 67.24 (d) of the Sunshine Ordinance.

Speakers: None

Motion to accept jurisdiction of complaint filed by John Kelly against the District Attorneys Office for alleged unlawful refusal to provide public records and failure to respond to a supplemental public records request in violation of Sections 67.21 (b) and 67.24 (d) of the Sunshine Ordinance. ( Cauthen / Pilpel )

No action was taken on this item. The Deputy City Attorney noted that jurisdiction had already been determined during the September 27, 2005, meeting.

 

05032

Recommendation to accept jurisdiction of complaint filed by Christopher Willers against the San Francisco Zoological Society for alleged violation of Sections 67.24 (f), and 67.21 (d) and 67.27 of the Sunshine Ordinance by not providing requested records access, and for failure to provide written justification for the withholding of information.

Speakers: Arturo Aleman, Human Resources Director, San Francisco Zoological Society

Motion to accept jurisdiction of complaint filed Christopher Willers against the San Francisco Zoological Society for alleged violation of Sections 67.24 (f), and 67.21 (d) and 67.27 of the Sunshine Ordinance by not providing requested records access, and for failure to provide written justification for the withholding of information. ( Cauthen / Pilpel )

Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Mueller, Willams

Absent: Wolfe, Parker

 

05033

Recommendation to accept jurisdiction of complaint filed by Joseph Engler against the San Francisco Civil Service Commission for alleged willful refusal to provide requested documents, while citing attorney-client privilege, and for failure to respond in a timely manner.

Member Pilpel disclosed his friendship with complainant Joseph Engler, and Kate Favetti with the Civil Service Commission.

Speakers: None

Motion to accept jurisdiction of complaint filed by Joseph Engler against the San Francisco Civil Service Commission for alleged willful refusal to provide requested documents, while citing attorney-client privilege, and for failure to respond in a timely manner. ( Cauthen / Pilpel )

Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Mueller, Willams

Absent: Wolfe, Parker

The Task Force referred further discussion to the Rules Committee regarding whether the acceptance of jurisdiction should be determined on a complaint when both parties have agreed to a continuance and are not present at the meeting.

4.

05029

Public Hearing, complaint filed by John Kelly against the District Attorneys Office for alleged unlawful refusal to provide public records and failure to respond to a supplemental public records request in violation of Sections 67.21 (b) and 67.24 (d) of the Sunshine Ordinance.

Speakers: John Kelly, Complainant; Thomas Bogott, Assistant District Attorney, District Attorney’s Office.

Motion to find the District Attorneys Office in violation of Sections 67.21 (a) and (b) of the Sunshine Ordinance for failure to respond to Mr. Kelly’s supplemental request, limited to information which must be disclosed under Government Code Sections 6254 (f) including subsections (1) and (2). (Craven / Knee)

Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Wolfe, Parker, Mueller, Willams

The Task Force affirms that Assistant District Attorney, Thomas Bogott has agreed to re-review the complainant’s request, for information that must be disclosed pursuant to Government Code section 6254 (1) and (2).

5.

05032

Public Hearing, complaint filed by Christopher Willers against the San Francisco Zoological Society for alleged violation of Sections 67.24 (f), and 67.21 (d) and 67.27 of the Sunshine Ordinance by not providing requested records access, and for failure to provide written justification for the withholding of information.

Speakers: Christopher Willers, Complainant; Arturo Aleman, Human Resources Director, San Francisco Zoological Society

Motion to find the San Francisco Zoological Society in violation of the Sunshine Ordinance*for failure to provide a timely response to records request, and requires the department to provide a copy of its five page summary budget and detail budget to Mr. Willers as soon as possible. (Craven/Pilpel)

Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Wolfe, Parker, Mueller, Willams

6.

05033

Public Hearing, complaint filed by Joseph Engler against the San Francisco Civil Service Commission for alleged willful refusal to provide requested documents, while citing attorney-client privilege, and for failure to respond in a timely manner.

Speakers: None

Motion to continue this item to the November 22, 2005, Task Force meeting ( Craven / Knee )

Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Wolfe, Parker, Mueller, Willams

7.

 

Discussion regarding the San Francisco Redevelopment Agencies’ draft Public Records Policy dated September 21, 2005.

Motion to recommend that the San Francisco Redevelopment Agency adopt their Draft Public Records Policy dated September 21, 2005, with proposed amendments indicated to their Agency General Counsel, Jim Morales. (Pilpel / Wolfe)

Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Wolfe, Parker, Mueller, Willams

The Sunshine Ordinance Task Force request that the San Francisco Redevelopment Agency consult the Task Force for their review and comment with regards to any future amendments to their Public Records Policy.

The Administrator was instructed to send a letter to the Department regarding the Task Forces recommendation and request.

8.

 

Report from Compliance & Amendments Committee: meeting of October 12, 2005.

Member Knee made the report.

Speakers: None

9.

 

Report from Education, Outreach and Training Committee: meeting of October 13, 2005.

Member Pilpel reported that the meeting was cancelled.

Speakers: None

10.

 

Administrator’s Report for October 2005.

Administrator Darby made the report.

The Task Force requested that the City Attorney report on the source of the Harassment policy provided and whether it has authority over the Task Force.

The Administrator was instructed to bring a copy of the harassment policy to every Task Force and Committee meeting.

11.

 

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

12.

 

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

Member Comstock indicated that he was invited to speak at the Civil Grand Jury meeting to discuss the Task Force’s concerns pertaining to SF Admin. Code 12L. He invited Task Force members attend the meeting at 5:30 p.m. on October 31, 2005 at 430 McAllister room 716.

Member Cauthen instructed the Administrator to add a discussion on the Complaint Committee agenda regarding City Department’s Index of Records/Records Retention Policy.

Member Wolfe requested that Task Force members be notified of non Task Force meetings.

Deputy City Attorney, Ernest Llorente suggested that notices be disseminated through the Administrator.

Member Pilpel reported on his attendance to the School District meeting.

Member Pilpel introduced a draft document suggesting changes to the complaint procedure. Further discussion continued to the next Task Force meeting.

Member Parker indicated that he will be resigning from the Task Force, effective December 1, 2005.


Adjournment

Meeting was adjourned at 7:03 p.m.


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

Last updated: 8/18/2009 1:57:07 PM