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June 27, 2006

SUNSHINE ORDINANCE TASK FORCE

MINUTES

Tuesday, June 27, 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

Note: Each item on the Agenda may include minutes, department or agency letters and reports; Task Force reports; and public correspondence. These items will be available for review at City Hall, Sunshine Ordinance Task Force, Room 244.

Call to Order The meeting called to order at 4:00 p.m.

Roll Call Present: Craven, Knee, Cauthen, Comstock, Wolfe, Chan, Mueller, Williams (Arrived at 4:11 p.m.)
Excused: Vongs, Chu, Pilpel

Agenda Changes: Item 1 was heard after Item 2, and item 3 was heard after item 4

Deputy City Attorney: Ernie Llorente

Administrator: Frank Darby

1.

Approval of minutes of May 23, 2006. (action item) (5 minutes) (attachment)

Speakers: None

Motion to approve minutes of May 9, 2006. ( Cauthen / Wolfe )

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

Excused: Vongs, Chu, Pilpel

2.

Report from Complaint Committee meeting of March 14, 2006.

Member Cauthen made the report.

06002

Recommendation to accept jurisdiction of complaint filed by Bob Kaufman against the City Attorneys Office for alleged incomplete production of records and non-disclosure of redacted information.

Speakers: None

Motion to accept jurisdiction. ( Cauthen / Mueller )

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

Excused: Vongs, Chu, Pilpel

Absent: Williams

06004

Recommendation to accept jurisdiction of complaint filed by Robert Planthold against the Municipal Transportation Agency for alleged incomplete production of documents, and failure to respond to an Immediate Disclosure Request in a timely manner.

Speakers: None

Motion to accept jurisdiction. ( Cauthen / Craven )

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

Excused: Vongs, Chu, Pilpel

3.

06002

Public Hearing, complaint filed by Bob Kaufman against the City Attorneys Office for alleged incomplete production of records and non-disclosure of redacted information.

Speaker: Machaela Hoctor, Deputy City Attorney, City Attorney's Office

Motion to dismiss finding no violation ( Craven / Knee )

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

Excused: Vongs, Chu, Pilpel

4.

06004

Public Hearing, complaint filed by Robert Planthold against the Municipal Transportation Agency for alleged incomplete production of documents, and failure to respond to an Immediate Disclosure Request in a timely manner.

Member Cauthen indicated that she is a member of the MTA Citizens Advisory Council and that she would be fair and impartial.

Member Wolfe indicated that he serves on the Coalition for Transit Justice with Mr. Planthold and that he would be fair and impartial.

Speakers: Robert Planthold, Complainant; Diana Hammons, Acting Director, External Affairs Division, Municipal Transportation Agency; Lewis Dillon says the CCSF consistently violates the Sunshine Ordinance by conducting meetings inappropriately and delaying or changing the order of public comment; Lurilla Harris would like the MTA to provide dates indicating when Sunshine Ordinance training will be provided to their staff, including when and where training will occur.

Motion finding a violation of Sections 67.21 and 67.25 of the Sunshine Ordinance against the Municipal Transportation Agency for failure to respond in a timely manner, to respond on a rolling basis, and to adequately address the request. ( Craven / Wolfe )

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

Excused: Vongs, Chu, Pilpel

The Task Force commends the Municipal Transportation Agency for taking responsibility and acknowledging its failure to properly respond to Mr. Planthold's request, and for the Municipal Transportation Agency's stated commitment to improve their internal procedures in order to fully comply with public records requests.

The Task Force looks forward to the written plan for compliance with Sunshine Ordinance requests, in addition the Task Force requests that the Municipal Transportation Agency after consultation with its attorney release all draft documents requested by Mr. Planthold after the recommendations of the author have been redacted.

The Compliance and Amendments Committee will follow up on the measures being proposed by the Municipal Transportation Agency.

5.

Discussion re: How to make the self-tutorial (streaming video) more accessible to individuals who missed the required annual Sunshine and Ethics training.

Referred to the Education, Outreach and Training Committee for review of the source of the Self-Assessment Tool, and to report back to the Task Force at the July 27, meeting.

Continued without objection.

6.

Review of Ethics Commission Draft Statement of Incompatible Activities

Speakers: Oliver Luby expressed concern regarding the timing of the statement and the language being so broad that it can prevent individuals from requesting records or filing a complaint.

After some discussion and concerns expressed by the Task Force this item was continued without objection.

Chair Comstock will write a letter expressing the Task Forces concerns and request that they confer with the Sunshine Ordinance Task Force before their next draft is written, and that they factor in Section 67.36 of the Sunshine Ordinance.

7.

Discussion re: Should the Task Force, through the Chair, write a letter to the Recreation and Park Commission to inquire about their absence of minutes.

Speakers: None

Chair Comstock will write a letter of inquiry to the Recreation and Park Commission.

8.

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

Speakers: None

Chair Comstock submitted a sample of a Speaker Card. After some discussion by the Task Force, Chair Comstock will revise the draft and provide it at the next meeting.

Continued without objection.

9.

Report re: Draft Sunshine Ordinance Task Force 2005 Annual Report

Speakers: None

Continued without objection.

10.

Report from the Compliance and Amendments Committee: meeting of June 12, 2006.

Speakers: None

Member Knee made the report.

Chair Comstock indicated that due to time constraints the Full Task Force will begin reviewing Sections 67.1 – 67.17 of the proposed amendments of the Ordinance at the next Task Force meeting.

11.

Report from Education, Outreach and Training Committee: meeting of June 8, 2006.

Speakers: None

Member Williams and Wolfe made the report.

Chair Comstock asked the Administrator to notify the Task Force of the status of the budget process.

12.

Administrator's Report.

Speakers: None

The Administrator made the report.

13.

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: None

14.

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

Speakers: None

Chair Comstock indicated that he will write letters to the following:

  • Mark Leno in support of AB2927.
  • Mayor Newsom re: providing an Ex-officio member to the Task Force.
  • Recreation & Park Commission to inquire about their absence of minutes.
  • Ethics Commission expressing the Task Forces concerns regarding their Draft Statement of Incompatible Activities.

Member Wolfe expressed his desire that the Task Force discuss the violation by the Mayor by not allowing public comment at the meeting of the Disaster Council.


Adjournment

The meeting was adjourned at 6:47 p.m.


This meeting has been audio recorded and is on file in the Office of the Sunshine Ordinance Task Force. Note: A technical error occurred during the meeting – parts of items 3, 4,and 5 (tape 1) were recorded over.

Last updated: 8/18/2009 1:57:07 PM