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1.
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Approval of minutes of June 27, 2006.
Speakers: Peter Warfield pleased to see more summary minutes but item #3 doesn't have sufficient summary of the speakers as item #4 does.
Motion to approve minutes of June 27, 2006. ( Wolfe / Cauthen )
Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Chu; Absent: Williams
The Chair, by consensus of the Task Force, asked the Administrator to identify excused members as either excused absent or excused present when Orders of Determinations are made regarding a complaint.
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2.
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06003
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Recommendation from the Compliance and Amendments Committee that the May 23, 2006 Order of Determination of John Avalos, on behalf of Supervisor Chris Daly vs. Mayors Office of Communications be referred for formal investigation and possible action by the following entities: Ethics Commission, California Attorney General's Office, San Francisco District Attorney, or Board of Supervisors. as the Task Force deems appropriate.
Speakers: Jennifer Petrucione, Mayors Office of Communication explained that the omitted documents are drafts of staff recommendations and are not subject to disclosure. Supervisor Chris Daly asked the Task Force to again order the disclosure of the documents by the Mayors Office before moving to further action.
Kimo Crossman said that the documents are public record and recommends referral to the Ethics Commission.
Peter Warfield says there is a right to inspection since there is a presumption that the records are public.
Allen Grossman said parts of the documents should be produced at least in redacted form.
Motion to refer to the Ethics Commission for formal investigation subject to records not being provided by the Mayor's Office of Communications. The Task Force further requests that the Mayors Office of Communications provide the documents to Supervisor Chris Daly in redacted form if redaction is necessary. ( Knee / Comstock )
Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Wolfe, Chan, Goldman
Noes: Pilpel
Absent: Williams
Excused Absent: Chu
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3.
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Report from Complaint Committee meeting of March 14, 2006.
Member Cauthen made the report.
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06005
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Recommendation to accept jurisdiction of complaint filed by Kimo Crossman against Mayor Newsom for alleged failure to allow public comment during the June 5, 2006 meeting of the Disaster Council.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Wolfe )
Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Pilpel, Wolfe, Chan, Goldman,
Excused: Chu
Absent: Williams
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06006
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Recommendation to accept jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide records, and failure to respond in a timely manner.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Chu
Absent: Williams
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4
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06005
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Public Hearing, complaint filed by Kimo Crossman against Mayor Newsom for alleged failure to allow public comment during the June 5, 2006 meeting of the Disaster Council.
Speakers: Kimo Crossman, Complainant; Jennifer Petrucione, Mayor's Office of Communication
Motion to read a letter provided to the Task Force during the meeting by Jennifer Petrucione ( Comstock / Knee )
Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Pilpel, Chan, Goldman
Noes: Wolfe
Excused: Chu
Absent: Williams
Motion finding that the Mayor's Disaster Council violated Section 67.15 (a), (b), and (c) of the Sunshine Ordinance, and we hope and expect that it won't happen in the future. ( Craven / Knee )
Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Wolfe, Goldman
Noes: Pilpel, Chan
Excused: Chu
Absent: Williams
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5.
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06006
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Public Hearing, complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide records, and failure to respond in a timely manner.
Member Wolfe indicated that he attended several hearings on the Wi Fi subject as an individual and feels that he can be fair and impartial.
Speakers: Kimo Crossman, Complainant; Ron Vinson, Chief Administrative Officer, Department of Telecommunications and Information Services
During questioning by Member Pilpel of the respondent, Chair Comstock ruled that his questions regarding the number of requests filed by a complainant were inappropriate to the merits of the case and he would not allow such questioning. Member Pilpel expressed that he was being denied the opportunity to ask questions that would inform his vote and didn't believe that he could make a proper determination. Member Pilpel moved to overrule the Chair but there was no second.
Motion finding a violation of Section 67.21 and 67.25 for failure to respond to the IDR and failure to respond to the request in a timely manner. ( Craven / Wolfe )
Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Wolfe, Goldman,
Noes: Pilpel
Absent: Williams
Excused Absent: Chu, Chan
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6.
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Continued discussion re: How to make the self-tutorial (streaming video) more accessible to individuals who missed the required annual Sunshine and Ethics training.
Speaker: Kimo Crossman indicated that a DVD would be a solution to the problem. John St. Croix spoke on efforts being made to solve the problems.
Member Pilpel, by consensus of the Task Force moved that a letter be written to the City Attorney and the Department of Telecommunications suggesting that they consider other methods, such as DVD, for making the self tutorial and other material easily available for users experiencing difficult accessing the streaming video.
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7.
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Continued review of Ethics Commission Draft Statement of Incompatible Activities (SIA)
Speakers: John St. Croix discussed various sections and the status of the Ethics Commission's (EC) SIA, and that the EC postponed its approval so that they can consider comments by the Task Force.
Kimo Crossman expressed disapproval with the current language of the SIA.
Chair Comstock, by consensus of the Task Force, stated that he will submit proposed language changes to the Ethics Commission regarding the SIA for consideration at their August 8 meeting. He asked Task Force members and the public to submit their suggestions/comments to him as soon as possible.
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8.
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Report re: Task Force By-laws, including consideration of changes to reflect the current operating procedure as it pertains to minutes.
Speakers: Kimo Crossman is concerned that the speaker card does not allow descriptive minutes.
Chair Comstock submitted a revised Speaker Card for use at Task Force meetings.
Item #8 referred to the Rules Committee without objection.
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9.
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Report re: Draft Sunshine Ordinance Task Force 2005 Annual Report
Speakers: None
Continued without objection.
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10.
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Report from the Compliance and Amendments Committee: meeting of July 10, 2006.
Speakers: Kimo Crossman suggest that the a projector and screen be provided so that the public can follow proposed amendments.
Member Knee made the report. He informed the Task Force that the Committee does not have enough time to complete the review of the ordinance and/or submit proposed amendments for the November election.
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11.
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Report from Education, Outreach and Training Committee.
Speakers: None
Member Pilpel reported that the July meeting was cancelled.
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12.
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Administrator's Report.
Speakers: Kimo Crossman would like the public review file brought to the meeting for public inspection, rather than review in the Clerk's Office.
The Administrator made the report.
Chair Comstock, by consensus of the Task Force, asked the Administrator to include language on the Communications Received Log that indicates where the public can review the correspondence.
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13.
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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: Peter Warfield commented on the importance and value of good and complete minutes, and cited sections 67.15 and 67.16 of the ordinance.
Kimo Crossman said that he'll defer his comments regarding minutes until item #8.
Allen Grossman stated that the City Attorney should not control meetings.
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14.
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Announcements, questions, and future agenda items from the Task Force.
Speakers: Kimo Crossman asked for confirmation that Order of Determination letters will be sent out regarding his two complaints.
Member Pilpel expressed concern about the political animosity and attacks coming before the Task Force. He also reported that he asked the BOS Rules Committee to allow the Task Force to review the Teleconference measure before their approval, however they submitted it for the November ballot.
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Adjournment
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The meeting was adjourned at 8:22 p.m.
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