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May 23, 2006

SUNSHINE ORDINANCE TASK FORCE

Tuesday, May 23, 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

Hanley Chan

Seat 3

Sue Cauthen

Seat 10

Nick Mueller

Seat 4

Pueng Vongs

Seat 11

Marjorie Ann Williams

Seat 5

Kristin Chu

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 4:07 p.m.

Roll Call Present: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Chan, Mueller, Williams

Deputy City Attorney: Ernie Llorente

Administrator: Frank Darby

1.

Approval of minutes of April 25, 2006.

Speakers: Kimo Crossman minutes not sufficiently descriptive.

Motion to approve minutes of April 25, 2006. ( Wolfe / Craven )

Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Chan, Mueller, Williams

2.

Special recognition to Heather Sterner for her community service as a contributing member of the Sunshine Ordinance Task Force.

A Certificate of Honor was presented to Heather Sterner for her community service as a contributing member of the Sunshine Ordinance Task Force.

Speakers: Heather Sterner, expressed gratitude to the Task Force, the Deputy City Attorney and Administrator.

3.

Election of Officers: Chair and Vice-Chair

Nominations for Chair: Doug Comstock and Erica Craven

Speakers: Kimo Crossman and Lurilla Harris supports Member Comstocks nomination.

  1. Chair: Member Comstock

    Ayes: Craven, Knee, Cauthen, Vongs, Chu, Chan, Mueller, Williams

    Chair: Member Craven

    Ayes: Comstock, Pilpel, Wolfe

  2. Vice Chair Nomination: Erica Craven

Speakers: None

Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Chan, Mueller, Williams

4.

Report from Complaint Committee meeting of May 9, 2006.

Member Cauthen made the report

06003

Recommendation to accept jurisdiction of complaint filed by John Avalos, on behalf of Supervisor Chris Daly, against the Mayors Office of Communications for alleged failure to produce documents in their control and to respond in 24 hours to an Immediate Disclosure Request as required under the Sunshine Ordinance.

Member Pilpel indicated that he is friends with some members in the Mayor's Office of Communications and has done some volunteer work for them however, he is able to be fair and impartial.

Member Pilpel expressed concern as to whether the Task Force would be setting an inappropriate precedence by hearing an internal governmental affairs dispute between one elected official against another elected official, and whether the complaint can be properly adjudicated.

Member Craven referred to Government Code Section 6252.5 that allows an elected official the right to request information.

Speakers: Lurilla Harris and Kimo Crossman supports jurisdiction.

Motion to accept jurisdiction. ( Cauthen / Wolfe )

Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Wolfe, Chan, Mueller, Williams

Noes: Pilpel

5.

06003

Public Hearing, complaint filed by John Avalos, on behalf of Supervisor Chris Daly, against the Mayors Office of Communications for alleged failure to produce documents in their control and to respond in 24 hours to an Immediate Disclosure Request as required under the Sunshine Ordinance.

Member Cauthen indicated that Supervisor Daly appointed her to the Library Citizens Advisory Committee however, she is able to be fair and impartial.

Member Comstock indicated that Supervisor Daly has been supportive of the Task Force and prior proposed amendments to the Sunshine Ordinance however, he is able to be fair and impartial.

Speakers: John Avalos, Legislative Aide, on behalf of Supervisor Chris Daly; Jennifer Petrucione, Mayors Office of Communications; Kimo Crossman supports finding of a violation.

Member Pilpel moved to find a violation of Section 67.25 of the Sunshine Ordinance against the Mayors Office of Communications for untimely response. Member Craven moved to amend the motion to include a violation of Section 67.21 of the Sunshine Ordinance for failure to produce documents. ( Craven / Wolfe )

Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Wolfe, Chan, Mueller, Williams

Noes: Pilpel

Motion finding a violation of Sections 67.21 and 67.25 of the Sunshine Ordinance against the Mayors Office of Communications for failure to produce documents and to respond in a timely manner. ( Craven / Wolfe )

Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Chan, Mueller, Williams

Chair Comstock, by consensus of the Task Force, asked the Administrator to add on next months agenda an item for discussion and possible action regarding whether the Task Force, through the Chair, should ask the Mayor to appoint an ex-officio member to the Task Force.

6.

Review Task Force By-laws, including consideration of changes to reflect the current operating procedure as it pertains to minutes.

Chair Comstock suggested that speaker cards be amended to allow the public to write a summary of their remarks of 20 words or less.

Member Pilpel suggested that draft minutes be sent to members of the public after the meeting for their review and comment prior to the next regular meeting.

Member Wolfe expressed concern that some members of the public may have difficulty writing or expressing themselves in writing

Member Cauthen suggested that Members with journalism experience take summary notes of public comment and submit them to the Administrator after each meeting.

Speakers: Kimo Crossman said that shortening minutes sends a message that public comment is not important. Lurilla Harris said that the Task Force accepted deficient April minutes and suggested that the Administrator e-mail draft public comment to the speakers on them. Emeric Kalman said minutes should provide a record of what happened at the meeting, adding that this is a citywide deficiency.

Member Pilpel volunteered to meet with the Administrator to review the By-Laws for possible revision and to summit proposed revisions to the Task Force at its June meeting.

Chair Comstock, by consensus of the Task Force, asked the Administrator to attempt to capture the public's comments beginning at the next meeting.

Continued without objection.

7.

Review of Draft Sunshine Ordinance Task Force 2005 Annual Report

Member Pilpel indicated that he met with the Administrator to revise the report.

Speakers: None

Continued without objection.

8.

Report from the Compliance and Amendments Committee: meeting of May 8, 2006.

Member Knee made the report

Speakers: Kimo Crossman suggested: the posting of real time captioning; changing public notice requirements from 3 to 10 days; establishment of an online citywide public meeting calendar, equal access to audio and video for public comment.

Chair Comstock expressed the importance of being able to explain to the Board of Supervisors the reason(s) for proposed Sunshine Ordinance amendments.

Member Pilpel asked, in reference to AB2927, if the Compliance and Amendments Committee can keep "apprised" of amendments to state law relative to the Brown Act, and Public Records Act, since they are referenced in the Sunshine Ordinance, and to report any changes to the Task Force.

9.

Report from Education, Outreach and Training Committee: meeting of May 11, 2006.

Member Pilpel made the report

Member Williams suggested that the EOT have an agenda item to educate the general public on what their rights are.

Member Wolfe expressed an interest in having an extensive discussion regarding documents stored in electronic vs. printed form, and the need to conduct a survey or inquiry to find out what the disparities are between departments with the use of technology. He also expressed the need to do an inquiry with the public to find out what their needs and wants are.

Chair Comstock expressed his approval of such a meeting and that the information would be helpful to the Compliance and Amendments Committee as they consider amendments to the Sunshine Ordinance.

Speakers: Kimo Crossman – making electronic records available is a valuable tool for the public.

10.

Administrator's Report.

The Administrator made the report

Speakers: Kimo Crossman supports bringing the Communication File to the meeting.

In response to the Chair's inquiry, the Administrator informed the Task Force that official City records will not be brought to the meeting for the public's review since it is not a controlled environment and doing so could result in the lost or damage to the record(s). He mentioned an incident that occurred in the previous week when a file was removed from the Clerk of the Board's Office without authorization.

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: Kimo Crossman spoke about Task Force authority; Emeric Kalman said that minutes should be stronger.

Chair Comstock, by consensus of the Task Force, asked the Administrator to add on next months agenda an item for discussion and possible action regarding whether the Task Force, through the Chair, should write a letter to the Recreation and Park Commission to inquire about their absence of minutes.

12.

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

Member Mueller indicated that the "News" page on the Task Force's web site needs to be updated with current news.

Chair Comstock asked members to inform him of their interest to serve on a committee(s).

Chair Comstock asked the administrator to provide members with a revised contact list.

Speakers: Kimo Crossman asked that the Task Force add a discussion regarding making access to the public communication records available at any committee meeting.


Adjournment

The meeting was adjourned at 6:48 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