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January 3, 2006

SUNSHINE ORDINANCE TASK FORCE
MINUTES

SPECIAL MEETING

Tuesday, January 3, 2006
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

Vacant

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 was called to order at 4:05 p.m.

Roll Call Present: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel (arrived at 4:32 p.m.), Wolfe (arrived at 4:15 p.m.), Mueller, Williams (Excused)

Deputy City Attorney: Ernie Llorente

Administrator: Frank Darby

Agenda Changes: Item #12 was heard after Item #3

1.

 

Approval of minutes of November 22, 2005.

Speakers: None

Motion to approve minutes of November 22, 2005. ( Cauthen / Knee )

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

Absent: Pilpel, Wolfe

Excused: Williams

2.

 

Report from Complaint Committee meeting of December 13, 2005.

Member Cauthen made the report.

In order to accommodate the public and out of respect for our members, Chair Comstock asked all members to read their packets carefully and think concisely about their questions to complainants and respondents before any hearing in order to keep within our preset 30 minute estimate of time per hearing as our agenda publicly notices.

To that end the chair will limit a members questioning time to 10 minutes at maximum and request that members ask only for new and pertinent information that is not found in the packet. The Chairs request was accepted without dissent and therefore will be enforced beginning with today's meeting.

 

05039

Recommendation to accept jurisdiction of complaint filed by Louis Dillon against the Golden Gate Park Stables Working Group for alleged violation of open meeting laws in that the Working Group failed to provide notice of its meetings and failed to allow public comment during its meetings in violation of the Sunshine Ordinance.

Speakers: Louis Dillan, Complainant; Jaci Fong, Director of Property Management, Recreation and Park Department.

Motion to accept jurisdiction of complaint filed by Louis Dillon against the Golden Gate Park Stables Working Group for alleged violation of open meeting laws in that the Working Group failed to provide notice of its meetings and failed to allow public comment during its meetings in violation of the Sunshine Ordinance. ( Knee / Mueller )

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

Absent: Pilpel

Excused: Williams

3.

05039

Public Hearing, complaint filed by Louis Dillon against the Golden Gate Park Stables Working Group for alleged violation of open meeting laws in that the Working Group failed to provide notice of its meetings and failed to allow public comment during its meetings in violation of the Sunshine Ordinance.

Speakers: Louis Dillan, Complainant; Kimo Crossman, Member of the Public; Jaci Fong, Director of Property Management, Recreation and Park Department.

Motion finding that the Golden Gate Park Stables Working Group is a Policy Body and that the Working Group violated the Sunshine Ordinance by failing to provide notice of its meetings, a meeting agenda, and public comment during its meetings. That a copy of the Order of Determination be sent to the Board of Supervisors with a letter indicating the unfortunate fact that the working group did not have the staffing necessary to provide public noticing. That, in the future, if the Board of Supervisors establish another Policy Body that the Policy Body is provided the means to provide such notice. ( Sterner / Knee )

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

Noes: Pilpel

Excused: Williams

4.

 

Recommend to the Full Task Force from the Compliance and Amendments Committee that the San Francisco Police Departments non-compliance with the November 22, 2005, Order of Determination be referred to the Police Commission for policy review and determination.

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

Motion to accept the recommendation. ( Knee / Cauthen )

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

Excused: Williams

Chair Comstock indicated that he will work with the Vice-Chair and Deputy City Attorney Llorente to draft the letter.

5.

 

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

Member Knee made the report.

Speakers: None

6.

 

Report from Compliance & Amendments Committee: meeting of December 14, 2005.

Member Knee made the report.

Speakers: Kimo Crossman, member of the public.

Member Craven requested that the Administrator provide the Compliance and Amendments Committee with the current provisions of the ordinance and the suggestions reached thus far at its next meeting.

Chair Comstock presented the Task Force with calligraphy titled "Bill or Rights" written by former Task Force member and chair James Chaffee. By consensus of the Task Force he requested that the Administrator add the "Bill of Rights" as an item on the next Task Force agenda for discussion and possible action to consider adopting the Bill of Rights as a preamble to the Sunshine Ordinance, and also to invite Mr. Chaffee to attend to discuss it.

7.

 

Continued report from Rules Committee: meeting of November 9, 2005.

Member Sterner made the report.

Speakers: Kimo Crossman, member of the public.

Motion to accept the recommendation from the Rules Committee that when a complaint is before the Full Task Force both the recommendation of jurisdiction from the Complaint Committee and the public hearing be held during the same meeting of the Task Force. That this procedure be added into the written Complaint Procedure. ( Sterner / Craven)

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

Noes: Pilpel

Excused: Williams

8.

 

Report from Education, Outreach and Training Committee: meeting of December 8, 2005.

Member Pilpel made the report.

Speakers: None

9.

 

Report from School Board Ad Hoc Committee: meeting of December 20, 2005.

Member Pilpel made the report.

Speakers: None

Motion to accept the recommendation from the School Board Ad Hoc Committee that a letter be sent to the San Francisco Unified School District identifying proposed amendments to their Open Government Policy, and to request that they postpone making a decision on the item. ( Pilpel / Wolfe )

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

Excused: Williams

Member Knee mentioned that he represented the Task Force at the School Board’s Rules Committee meeting on December 20, 2005.

Member Pilpel indicted that he would work with the Administrator to draft a letter to be reviewed and authorized by Chair Comstock.

10.

 

Continued clarification of Sunshine Ordinance Task Force Complaint Procedures.

Member Pilpel presented his proposals for revising the Complaint and Hearing process procedures. However, the Task Force did not take any action on the recommendations.

11.

 

Administrator’s Report.

The Administrator made the report.

Member Pilpel noted that the minutes for the November 22, 2005 Task Force meeting indicated that a letter would be sent to DTIS regarding the Order of Determination in the Augustine complaint (#05034).

Chair Comstock indicated that he will work with the Administrator to draft a letter to send to the Department of Telecommunication and Information Services citing the problems encountered by the Animal Care and Control Department in responding to a public records request.

Speakers: None

12.

 

Public comment for items not listed on the agenda.

Speakers: David Parker, and Kimo Crossman, members of the public.

 

13.

 

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

Chair Comstock informed Task Force members that he will be making changes to Committee assignments in a few days and asked Task Force Members to notify him if they wished to participate on a committee.

Member Pilpel expressed his desire that the Complaint Committee be given greater decision making authority with regards to complaints.

Adjournment

Meeting was adjourned at 7:10 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