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November 22, 2005

  SUNSHINE ORDINANCE TASK FORCE

MINUTES

Tuesday, November 22, 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 4:15 p.m.

Roll Call Present: Craven (arrived at 4:18 p.m.), Knee, Cauthen, Sterner, Comstock, Pilpel, Wolfe, Parker (arrived at 5:11 p.m.), Mueller, Williams (Excused)

Deputy City Attorney: Ernie Llorente

Clerk: Linda Wong

Agenda Changes: Items #2 and #4. The name of the complainant was misspelled.

1.

 

Approval of minutes of October 25, 2005.

Speakers: None

Motion to approve minutes of October 25, 2005. (Pilpel/Cauthen)

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

Absent: Parker

Excused: Williams

2.

 

Report from the Complaint Committee meeting of November 8, 2005.

Member Cauthen made the report

 

05034

Recommendation to accept jurisdiction of complaint filed by Justin Augustine against the San Francisco Animal Care and Control for alleged incomplete production of records and failure to respond in a timely manner.

Speakers: None

Motion to accept jurisdiction of complaint filed by Justin Augustine against the San Francisco Animal Care and Control for alleged incomplete production of records and failure to respond in a timely manner. (Cauthen/Pilpel )

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

Absent: Parker

Excused: Williams

 

05036

Recommendation to accept jurisdiction of complaint filed by Espanola Jackson against Supervisor Sophie Maxwell for alleged violation of Sections 67.7, 67.7-1, and 67.15 by not giving notice of public meetings or hearings regarding the community impact of the proposed City ordinance.

Speakers: None

Member Comstock requested to be recused.

Motion to recuse Member Comstock. (Knee/Wolfe)

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

Absent: Parker

Excused: Williams

Motion to accept jurisdiction of complaint filed by Espanola Jackson against Supervisor Sophie Maxwell for alleged violation of Sections 67.7, 67.7-1, and 67.15 by not giving notice of public meetings or hearings regarding the community impact of the proposed City ordinance. (Cauthen/Knee)

Ayes: Craven, Knee, Cauthen, Sterner, Pilpel, Wolfe, Mueller

Recused: Comstock

Absent: Parker

Excused: Williams

 

05038

Recommendation to accept jurisdiction of complaint filed by David Parker against the San Francisco Police Department for alleged violation of Sections 67.21, 67.24, 67.25, 67.26, 67.27, and 67.29-7 of the Sunshine Ordinance for failure to provide pubic records access, to respond in a timely manner, and to justify the withholding of information. **

Speakers: None

Motion to accept jurisdiction of complaint filed by David Parker against the San Francisco Police Department for alleged violation of Sections 67.21, 67.24, 67.25, 67.26, 67.27, and 67.29-7 of the Sunshine Ordinance for failure to provide pubic records access, to respond in a timely manner, and to justify the withholding of information. (Cauthen/Pilpel)

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

Absent: Williams, Parker

3.

05033

Continued 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.

The complainant has withdrawn his complaint against the San Francisco Civil Service Commission.

 

4.

05034

Public Hearing, complaint filed by Justin Augustine against the San Francisco Animal Care and Control for alleged incomplete production of records and failure to respond in a timely manner.

Speakers: Justin Augustine, complainant; Kathleen Brown, Deputy Director, San Francisco Animal Care & Control Department; Brent Plater; Francisco Da Costa, Public

Motion to find that although the San Francisco Animal Care and Control technically violated Section 67.21 of the Sunshine Ordinance by failing to promptly comply with Sunshine request, it also evidenced good faith in attempting to comply with the request after the initial delay. The Task Force looks forward to seeing full compliance within the time fame specified, which was January 4, 2006. (Craven/Knee)

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

Excused: Williams

Motion to send a letter to the City’s IT Division, citing the problems encountered by the Animal Care and Control Department in responding to a public records request which involved the review and possible redaction of information contained in over 60,000 documents. (Pilpel/Cauthen)

Without Objection.

5.

05036

Public Hearing, complaint filed by Espanola Jackson against Supervisor Sophie Maxwell for alleged violation of Sections 67.7, 67.7-1, and 67.15 by not giving notice of public meetings or hearings regarding the community impact of the proposed City ordinance.

Speakers: Espanola Jackson, Complainant; Francisco Da Costa; Greg Asay, Legislative Assistants, Supervisor Maxwell’s Office.

Motion to find no violation of the Sunshine Ordinance. (Knee/Mueller)

Ayes: Craven, Knee, Cauthen, Sterner, Pilpel, Wolfe, Mueller

Noes: Parker

Excused: Williams

Member Comstock previously recused.

Motion to send a letter to Supervisor Sophie Maxwell urging her to have more communications with constituents in regards to all high level projects. (Parker/Wolfe)

Ayes: Wolfe, Parker

Noes: Craven, Knee, Cauthen, Sterner, Pilpel, Mueller

Excused: Williams

Member Comstock previously recused.

6.

05038

Public Hearing, complaint filed by David Parker against the San Francisco Police Department for alleged violation of Sections 67.21, 67.24, 67.25, 67.26, 67.27, and 67.29-7 of the Sunshine Ordinance for failure to provide pubic records access, to respond in a timely manner, and to justify the withholding of information.**

Motion to recuse Member Parker. (Pilpel/Mueller)

Without objections.

Speaker: David Parker, Complainant; Lt. Doug Groshong, Legal Division, San Francisco Police Department

Motion to find that the SFPD violated Sections 67.21 and 64.24(i) of the Sunshine Ordinance by failing to release its policy on "past drug use" by applicants for uniformed police officer employment and further finds that State Government Code Section 6254(g) which provides an exemption from disclosure is inapplicable to the facts of this case. The SFPD is required to release its policy to complainant Parker. (Wolfe/Pilpel)

Member Parker previously recused.

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

Excused: Williams

7.

 

Report from Rules Committee: meeting of November 9, 2005.

The Chair submitted the report and requested that the item be continued to the next full Task Force agenda as an action item.

Speakers: None

8.

 

Report from Compliance & Amendments Committee: meeting of November 17, 2005.

The Chair submitted the report and requested that this item be continued to the next full Task Force agenda as an action item.

Speakers: None

9.

 

Report from Education, Outreach and Training Committee

There was no report.

Speakers: None

9A.

 

San Francisco Unified School District Proposed Open Government Policy

Speakers: None

Motion to send this item to the Ad Hoc Committee for discussion within the next 30 days. (Comstock/Mueller)

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

Absent: Cauthen

Excused: Williams

9B.

 

Clarification of Sunshine Ordinance Task Force Complaint Procedures.

Motion to continue this item. Without objection.

Speakers: None

10.

Administrator’s Report.

The Administrator submitted a written report.

Speakers: None

11.

 

Public comment for items not listed on the agenda.

Speakers: None

12.

 

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

By consensus of the Task Force the Chair requested that the next meeting be held on January 3, 2006.

Adjournment

Meeting was adjourned at 8:25 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