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March 28, 2006

SUNSHINE ORDINANCE TASK FORCE

MINUTES

Tuesday, March 28, 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

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 4:06 p.m.

Roll Call Present: Craven, Knee, Cauthen, Vongs, Sterner, Comstock, Pilpel, Wolfe (arrived at 4:12) Chan, Mueller, Williams
Excused: Craven

Deputy City Attorney: Ernie Llorente

Administrator: Frank Darby

1.

Approval of minutes of February 28, 2006.

Speakers: Peter Warfield; Kimo Crossman

Motion to approve minutes of February 28, 2006. ( Pilpel / Williams )

Ayes:, Knee, Cauthen, Vongs, Sterner, Comstock, Pilpel, Chan, Mueller, Williams

Absent: Wolfe

Excused: Craven

2.

Special recognition.

Continued to the April 25, 2006, Task Force meeting.

3.

Supervisor of Public Records Report

Dorji Roberts, Deputy City Attorney, Office of the City Attorney made the report.

Speakers: Peter Warfield; Allen Grossman; Kimo Crossman; Francisco Da Costa

Chair Comstock, by consensus of the Task Force requested that the Task Force be informed whenever a petition is filed with the City Attorney's Office, and the results.

4.

Report from Complaint Committee meeting of March 14, 2006.

Member Cauthen made the report

06001

Recommendation to accept jurisdiction of complaint filed by Unnamed Person against the Mayor's Office of Protocol for alleged failure to produce records and to respond in a timely manner.

Speakers: None

Motion to accept the recommendation. ( Cauthen / Mueller )

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

Excused: Craven

5.

06001

Public Hearing, complaint filed by Unnamed Person against the Mayor's Office of Protocol for alleged failure to produce records and to respond in a timely manner.

Speakers: Anonymous Complainant; Matthew Goudeau, Director, Mayor's Office of Protocol

Public Speakers: Peter Warfield; Kimo Crossman: for violation.

Motion finding the Mayor's Office of Protocol violated Sections 67.21, and 67.25 of the Sunshine Ordinance for failure to provide records, and failure to respond in a timely manner.

The Task Force requests that the Mayor's Office of Protocol release the documents immediately to the Sunshine Ordinance Task Force by close of business March 29, 2006, so that the Administrator can transmit them to the appropriate person.

The Task Force expresses disapproval with the actions taken by the Mayor's Office of Protocol in stopping all attempts to comply with the Immediate Disclosure Request once a complaint was filed. This action is inappropriate, as it does not conform to the intent of the Sunshine Ordinance.

The Task Force urges the department to instruct its staff that they should make every effort to comply with a request even when a complaint is filed and/or when anonymity is requested. ( Sterner / Mueller )

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

Excused: Craven

6.

Continued discussion regarding whether the public can have direct access to Task Force Members personal e-mail addresses, and whether current policy by the Administrator of receiving and filing general public e-mails for Task Force Members review should be continued.

Public Speakers: James Chaffee; Peter Warfield; Kimo Crossman

After discussion by Task Force members and hearing public comment the Task Force took no action.

7.

Report from the Compliance and Amendments Committee: meeting of March 13, 2006, was cancelled.

Member Knee made the report.

Public Speakers: Peter Warfield; Kimo Crossman

8.

Report from Education, Outreach and Training Committee: Regular meeting of March 9, 2006, and Special meeting March 22, 2006.

Member Pilpel made the report.

Public Speakers: James Chaffee; Peter Warfield; Kimo Crossman

Chair Comstock, by consensus of the Task Force, instructed the Rules Committee meet to develop procedures for calling Special Meetings by Task Force Committees to recommend to the full Task Force.

Chair Comstock, by consensus of the Task Force, instructed member Pilpel to cease having any further meetings to discuss the subject matter described in item 2 of the March 22, 2006 Special Meeting; that it shall not be a subject matter for the Education, Outreach, and training Committee until the Rules Committee has made a recommendation regarding procedures to the Task Force, and the Task Force has had an opportunity to consider the matter as a whole.

Member Wolfe recommended that at the very least that there be an annual meeting for: (1) Departments to air out concerns regarding their experiences complying with the Sunshine Ordinance, and (2) the public to air out concerns regarding non-compliance to the Sunshine Ordinance by Departments.

Chair Comstock, by consensus of the Task Force, asked Deputy City Attorney Llorente to work with Member Wolfe to draft specific language so that a possible discussion can be scheduled at the next Task Force meeting.

9.

Administrator's Report.

The Administrator made the report.

10.

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: Allen Grossman; James Chaffee; Kimo Crossman; Peter Warfield

11.

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

Chair Comstock announced that he visited the Revenue Bond Oversight Committee and noticed that their minutes did not indicate how members voted so he requested that they change their minutes to reflect how each member voted, which he believes has now been done.

Member Cauthen noted that a similar incident occurred at the Library Commission meeting that there was no roll call vote on a heated subject regarding the Bernal Heights Library, which she brought to the attention of the library's attorney, that there should be a roll call on split votes.

Member Pilpel welcomed the new members. Suggested that the Task Force's by-laws be reviewed annually as part of or subsequent to the election of officers. Suggested that as a body and as individuals, members be respectful of diversity of points.


Adjournment

Meeting was adjourned at 7:44 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