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1.
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Approval of minutes of January 3, 2006.
Speakers: None
Motion to approve minutes of January 3, 2006. ( Knee / Mueller )
Ayes: Knee, Cauthen, Sterner, Comstock, Mueller, Williams
Absent: Craven, Pilpel, Wolfe
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2.
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Consideration of "Sunshine Ordinance Bill of Rights" for possible adoption as a preamble to the Sunshine Ordinance.
Speakers: James Chaffee, Kimo Crossman, Peter Warfield, Lurilla Harris, Juan De Anda, Martin MacIntyre.
Motion to adopt and to send to the Compliance and Amendments Committee to conform text of the Bill of Rights into the language of the Sunshine Ordinance with consideration of comments from the Task Force and the public. ( Cauthen / Comstock )
Ayes: Knee, Cauthen, Sterner, Comstock, Mueller, Williams
Noes: Pilpel
Absent: Craven, Wolfe
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3.
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Report from Complaint Committee meeting of November 8, 2005, December 13, 2005 & January 10, 2006.
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05037
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Recommendation to accept jurisdiction of complaint filed by Sue Cauthen on behalf of the Telegraph Hill Dwellers Parking & Traffic Committee against the Municipal Transportation Agency for alleged violation of Sections 67.21 and 67.24 of the Sunshine Ordinance by refusing to provide an informal legal opinion to the Municipal Transportation Agency Citizens Advisory Council.
Motion to recuse Member Cauthen ( Pilpel / Knee )
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Mueller, Williams
Absent: Wolfe
Speakers: None
Motion to accept jurisdiction. ( Pilpel / Williams )
Ayes: Craven, Knee, Sterner, Comstock, Pilpel, Mueller, Williams
Absent: Wolfe
Recused: Cauthen
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05040
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Recommendation to accept jurisdiction of complaint filed by Juan De Anda against the Department of Public Health for alleged denying access to public records and minutes of previous meetings of the Latino Leadership Peer Mentorship Program.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Mueller )
Ayes: Knee, Cauthen, Sterner, Comstock, Pilpel, Mueller, Williams
Absent: Craven, Wolfe
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05041
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Recommendation to accept jurisdiction of complaint filed by John Wickham against the Department of Parking and Traffic for alleged denial of public records access, untimely response, and failure to provide written justification for non disclosure.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Mueller )
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Mueller, Williams
Absent: Wolfe
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05042
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Recommendation to accept jurisdiction of complaint filed by Steve Lynch against the San Francisco Fire Department for alleged violation of Sections 67.21, 67.25, 67.26 and 67.27 of the Sunshine Ordinance for denial of public records access and untimely response.
Continued to the February 28, 2006, meeting by agreement of the parties.
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4.
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05037
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Public Hearing, complaint filed by Sue Cauthen on behalf of the Telegraph Hill Dwellers Parking & Traffic Committee against the Municipal Transportation Agency for alleged violation of Sections 67.21 and 67.24 of the Sunshine Ordinance by refusing to provide an informal legal opinion to the Municipal Transportation Agency Citizens Advisory Council.
Speakers: Sue Cauthen, Complainant; Daniel Murphy, William Seagilman, Norman Rolfe, Kimo Crossman, Joan Downty, Martin MacIntyre, Maggie Lynch, Director of Media Relations, Municipal Transportation Agency. Public: Lurilla Harris, Peter Warfield
Motion finding no violation. Based on the facts as presented at this hearing although the Task Force does not find a violation of the ordinance, it is concerned and trouble by what appears to be a violation of the spirit of the Sunshine Ordinance and prop 59, which extends open government.
The Task Force recommends that the Municipal Transportation Agency look at its current policy which appears to be questionable, and further recommends that procedures be implemented to release information that the Citizens Advisory Council needs in order to conduct its business. ( Craven / Sterner )
Ayes: Craven, Knee, Sterner, Comstock, Mueller, Williams
Noes: Pilpel
Absent: Wolfe
Recused: Cauthen
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5.
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05040
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Public Hearing, complaint filed by Juan De Anda against the Department of Public Health for alleged denying access to public records and minutes of previous meetings of the Latino Leadership Peer Mentorship Program.
Speakers: Juan De Anda, Complainant; Susan Esposito, Assistant Director of Adult Services, Department of Public Health; Dr. Tina Yee, Director, Cultural Competence & Client Relations, Community Behavioral Health Services. Dr. Bob Cabaj, Director of Community Health Services. Benito Casados, Co-Chair, Latino Leadership for Peer Environment Project. Public: Helynna Brooke, Director of San Francisco Mental Health Board.
Motion finding no violation because the Latino Leadership Peer Mentorship Program is not a Policy Body or a Passive Meeting Body. ( Knee / Mueller )
Ayes: Craven, Knee, Cauthen, Sterner, Comstock, Pilpel, Mueller, Williams
Absent: Wolfe
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6.
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05041
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Public Hearing, complaint filed by John Wickham against the Department of Parking and Traffic for alleged denial of public records access, untimely response, and failure to provide written justification for non disclosure.
Speaker: John Wickham, Complainant; Maggie Lynch, Public Information Officer, Department of Parking and Traffic.
Complaint withdrawn by complainant.
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7.
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05042
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Public Hearing, complaint filed by Steve Lynch against the San Francisco Fire Department for alleged violation of Sections 67.21, 67.25, 67.26 and 67.27 of the Sunshine Ordinance for denial of public records access and untimely response.
Previously continued to the February 28, 2006, meeting.
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8.
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05029
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Request to reconsider/rescind the October 25, 2005 Order of Determination of John Kelly against the District Attorney’s Office.
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(a.) Request by complainant Kelly that a new order be issued, compelling the District Attorneys Office to release the requested documents.
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(b.) Request by Assistant District Attorney Bogott, that the Order of Determination be rescinded because the Task Force lacks jurisdiction to issue an order.
Speakers: John Kelly, Complainant; Thomas Bogott, District Attorney’s Office
The parties presented their requests. However, the Task Force did not take any action on their requests.
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9.
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Report from Compliance & Amendments Committee: meeting of January 11, 2006.
Member Knee made the report.
Speakers: None
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10.
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Report from Education, Outreach and Training Committee: meeting of January 13, 2006.
Member Pilpel made the report.
Speakers: None
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11.
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Administrator’s Report.
The Administrator made the report.
Speakers: None
In accordance with Committee consensus Chair Comstock asked the Administrator to provide a report on the status of vacancies at its February meeting.
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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.
Speakers: Kimo Crossman, James Chaffee, Peter Warfield, Martin MacIntyre
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13.
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Announcements, questions, and future agenda items from the Task Force.
Member Pilpel made the following remarks:
The SFUSD adopted an open Government Policy. They also are now using speaker cards, and not requiring attendees to sign into the building for night meetings.
With regards to the Clerk of the Boards budget, he would like to be informed if there are any budget changes that would affect support to the Task Force.
Asked that the Administrator, in April, provide to the three committees of the Task Force a copy of their draft Annual Report for review and input.
Member Knee reported a concern expressed by Milton Marks, member of the Community College Board, regarding the effort to bring more sunshine to the Community College District (CCD) seems to be falling by the wayside. Knee suggested that the Task Force reconvene that particular committee to work with the CCD
Member Knee encouraged the Task Force members to attend the Thursday, March 16, event of the Society of Professional Journalists. They will be handing out their annual James Madison Award, honoring individuals and organizations who have contributed to the cause of Freedom of Information and the First Amendment.
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