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Agenda Changes:
Speakers:
- Allen Grossman asked, as a point of order that item #2 be removed from the agenda since at the August Task Force meeting, the item was not requested for consideration, as per Section 6 of the Task Force's By-Laws.
- Peter Warfield said the chair should make up the agenda, and supports the motion by Member Wolfe. That a complainant can request a continuance of a complaint.
- Deputy City Attorney Paul Zarefsky said his understanding was that the Complaint Committee was in support of his presentation.
- Kimo Crossman said that hearing the items before the complaint would be prejudicial. Asked that item #6 be continued and that item #7 be heard before item #5.
- James Chaffee said that a workshop would require a broader perspective and that a presentation by the City Attorney's Office would not be a common sense approach.
- Martin McIntyre said that a workshop should include an outside expert, and that there was no reason to continue item #6.
- Ron Vinson asked that item #6 not be continued.
Motion to postpone presentations for item #2 by Deputy City Attorney Paul Zarefsky and the Department of Telecommunications and Information Services until the call of the Chair. ( Wolfe / Goldman )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Wolfe, Goldman, Williams
Noes: Pilpel
Excused Absent: Chan
Motion to continue item #6 to the next SOTF meeting. ( Comstock / Wolfe )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Wolfe, Goldman, Williams
Noes: Pilpel
Excused Absent: Chan
Motion to hear item #7 before item #5. ( Wolfe / Goldman )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Wolfe, Goldman, Williams
Noes: Pilpel
Excused Absent: Chan
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1.
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Approval of minutes of July 25, 2006, and August 22, 2006.
Speakers: Peter Warfield stated that the minutes for the July meeting should reflect that item 13 was heard out of sequence. That the minutes for item 1 of the August agenda be revised to state that he asked the Task Force to consider "reflecting what he actually said" not that his comments be changed.
Motion to approve minutes of July 25, and August 22, 2006. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Goldman, Williams
Excused Absent: Chan
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2.
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Discussion re: Presentations by Zac Multrux on the general overview of metadata in electronic records; Paul Zarefsky, Deputy City Attorney on legal implications, and the Department of Telecommunications and Information Services on the Cities technical/operational issues.
Zac Multrux made the presentation and provided a definition for metadata, discussed the risk of metadata, and the tools used and process to review and remove metadata.
Speakers:
- Martin McIntyre said the Office of the City Attorney has frequently thwarted his attempts at having the law followed and obeyed. Their excuse? They serve the Departments not the public. Metadata is public information.
- Kimo Crossman showed a demo on how to remove metadata using a $80 program called "Metadata Assistant."
- James Chaffee said that metadata is useful because it reveals the truth that people do not want disclosed.
- Peter Warfield said that metadata is not mysterious or complicated. It's just information created in the process of doing public work. He is concerned about being able to strip information from any document, that the public has the full right to documents with explanations for redaction's under the law.
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3.
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Report from Complaint Committee meeting of August 8, 2006, and September 12, 2006.
Member Cauthen made the report
Member Cauthen indicated that the new procedure to provide information to assist in drafting Orders of Determination is designed to be a simple and flexible document; it is not a draft Order of Determination, because they have not heard the evidence. The document lays out the issues and what the committee finds is the relevant code sections without prejudging the complaint.
Pilpel asked that a line be included in the document to indicate whether the matter comes to the Task Force as a 67.21 (e), 67.30 (c), or 12L request.
- Speakers: Kimo Crossman alleged that he asked to see the draft Order of Determination but it was not provided, and asked that a procedure be established to allow Complainants to see the draft so that they can include a response in the record.
- Peter Warfield praised the Complaint Committee for providing additional information. Stated that the wording should be clear at the time of the meeting so that members of the public may comment on it. He asked if the Task Force routinely have and expect departments, pursuant to 67.21, to be present so that the Complaint Committee can have as much information as possible when preparing the document.
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06011
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Recommendation to accept jurisdiction of complaint filed by Beth Rimbey against the Office of Emergency Services and the Mayors Office of Communications for alleged failure to produce documents, incomplete production of documents, unnecessary redactions, and untimely response.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Wolfe )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Goldman, Williams
Excused Absent: Chan
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06013
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Recommendation to accept jurisdiction of complaint filed by Kimo Crossman against the Office of the Clerk of the Board for alleged failure to provide public record in original Word format and failure to provide written justification for withholding.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Knee )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Goldman, Williams
Excused Absent: Chan
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06014
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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 produce records and to provide in electronic format.
Previous continued.
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06015
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Recommendation to accept jurisdiction of complaint filed by Allen Grossman against the Office of the Clerk of the Board and Sunshine Ordinance Task Force Administrator for alleged failure to provide public record in original Word format and failure to provide written justification for withholding.
Speakers: None
Same house same call
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Goldman, Williams
Excused Absent: Chan
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4.
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06011
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Public Hearing, complaint filed by Beth Rimbey against the Office of Emergency Services and the Mayors Office of Communications for alleged failure to produce documents, incomplete production of documents, unnecessary redactions, and untimely response.
Member Knee disclosed that he has been aware for several months that this complaint was coming. That he spoke with Beth Rimbey and some of her colleagues to provide procedural advice, however they did not discuss the substance of the complaint. He doesn't feel that the conversations or their acquaintanceship will prejudice his position in this case.
Speakers: Dan Noyes and Beth Rimbey, Complainant; Jennifer Petrucione, Deputy Communications Director, Mayors Office of Communication (MOC)
- Robert Planthold, in support of the complaint, said that OES is hiding life and death information that would let the public know their risk, and whether the plans are adequate, competent, appropriate and thorough.
- Kimo Crossman said that the City Attorney's Office has no redaction policy; that the only redaction policy is in the Ordinance and State law.
- Martin McIntyre, supports the complaint; said the he has the same experience trying to gain records from other departments and welcomes KGO.
- Peter Warfield, in support of the complaint, said that from his own experience City departments try to shake you off, weigh you down or make you go away. The ordinance is very clear about justification for withholding and withholding kept to a minimum (Sections 67.26, 67.27), the Task Force should make certain that the withholdings were done properly. Wish the Task Force had a stronger authority to enforce its findings.
Motion finding the Office of Emergency Services and the Mayor's Office of Communications violated Sections 67.21, 67.24 (a), 67.25, and 67.26 of the Sunshine Ordinance for failure to respond in a timely manner, failure to produce documents and drafts requested, and improper redactions. ( Craven / Knee )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Goldman, Williams
Excused Absent: Chan
The Sunshine Ordinance Task Force request that the Office of Emergency Services and the Mayor's Office of Communications provide the requested documents to Ms. Rimbey within five (5) business days, or provide a date when they will be available.
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5.
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06013
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Public hearing, complaint filed by Kimo Crossman against the Office of the Clerk of the Board for alleged failure to provide public record in original Word format and failure to provide written justification for withholding.
Speakers: Kimo Crossman, Complainant; Gloria Young, Clerk of the Board of Supervisors;
- Allen Grossman said that the COB policy of complying with the City Attorney's advice does not apply, as per Section 67.24 (i). There is no attorney-client privilege when Sunshine requests are involved.
- Peter Warfield, in support of the complaint, urged the Task Force to consider violations of other sections of the Ordinance listed on page 104 of the packet including Sections 67.26 and 67.27.
Motion finding a violation of Sections 67.21 (l) and Government Code Section 6253.9 (a). ( Wolfe / Chu )
Ayes: Cauthen, Chu, Comstock, Wolfe
Noes: Knee, Pilpel, Williams
Excused Absent: Craven, Vongs, Chan, Goldman
Member Knee indicated that he may request that the matter be brought back for rehearing at the next full Task Force meeting.
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6.
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06014
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Public hearing, complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to produce records and to provide in electronic format.
Previously continued.
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7.
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06015
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Public hearing, complaint filed by Allen Grossman against the Office of the Clerk of the Board and Sunshine Ordinance Task Force Administrator for alleged failure to provide public record in original Word format and failure to provide written justification for withholding.
Speakers: Allen Grossman, Complainant; Gloria Young, Clerk of the Board of Supervisors;
- Peter Warfield, in support of complaint, indicated that Section 67.21 (i), 67.26, and 67.27 are the appropriate sections violated.
- Kimo Crossman, in support of complaint, said that the COB has no written policy regarding converting Word documents to PDF and that Paul Zarefsky has not been asked to speak but should be held accountable.
- Deputy City Attorney Paul Zarefsky, in response to questions from the Task Force said that there is some ambiguity in Government Code Section 6253.9; that it has an applied rule of reason, and that Section 67.21 (l) of the Ordinance focuses on the medium rather than the format.
Motion finding a violation of Sections 67.21 (l) of the Sunshine Ordinance, and California Government Code Section 6253.9 (a). ( Comstock / Knee )
Ayes: Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Goldman
Noes: Williams
Excused Absent: Craven, Vongs, Chan
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8.
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Report: Compliance and Amendments Committee: meeting of Sept. 11, 2006.
Member Knee made the report. He indicated that due to the holiday, the next meeting will be on Wednesday, October 11, rather than Monday October 9. Member Knee also indicated that information regarding the California First Amendment Coalition can be found at www.cfac.org.
Speakers: None
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9.
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06004
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The Compliance and Amendments Committee (CAC) has returned the June 27, 2006 Order of Determination of Robert Planthold vs Municipal Transportation Agency (MTA) for further action because the CAC has found non compliance with the order by the MTA.
Member Knee reported on the CAC's findings.
Speakers: Robert Planthold, Complainant.
- Peter Warfield noted that a representative of the department is not present at the meeting, as required in Section 67.21 (e). That since the department did not comply with the Order of Determination, within 5 days, the next action is to notify the District Attorney or Attorney General.
Motion that this complaint be referred to the Ethics Commission and the District Attorney for review and for an independent enforcement action against the department. ( Knee / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Goldman, Williams
Noes: Pilpel
Excused Absent: Vongs, Chan
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10.
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Report from Education, Outreach and Training Committee.
Member Pilpel made the report that there was no meeting this month.
Speakers: None
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11.
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Continued report re: Draft Sunshine Ordinance Task Force 2005 Annual Report
Member Pilpel made the report, indicating that the report is ready for adoption.
Speakers: None
Motion to transmit the Sunshine Ordinance Task Force 2005 Annual Report with a cover letter from the Chair. ( Pilpel / Chu )
Ayes: Knee, Cauthen, Chu, Comstock, Pilpel, Williams
Excused Absent: Craven, Vongs, Chan, Wolfe, Goldman
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12.
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E-mail Policy of the Sunshine Ordinance Task Force.
Postponed until the call of the Chair.
Speakers: None
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13.
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City College Sunshine Proposal.
Chair Comstock stated there will be a meeting on Thursday, at 6 PM in room 406 to discuss the City College proposal.
Speakers: None
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14.
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Administrator's Report.
The Administrator made the report.
Member Pilpel asked that letters be drafted and sent to Mr. Warfield and Ms. Brinkman regarding the response from the Ethics Commission, indication that they are taking no action.
Chair Comstock asked the Administrator to put on hold a discussion re: responding to request from complainants to set their complaints as pending or postponed rather than to take action.
Speakers: None
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15.
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Public comment for items not listed on the agenda.
Speakers:
- James Chaffee alleged that the Library Commission (LC) mistreats him, that on one occasion a role of toilet paper was placed on a chair that he normally sits in; that he received a response to his complaint that he filed with the LC, alleging falsification of documents, which said that he was "meaningless, ridiculous, and stupid." That its not a joke when a member of the SOTF comes to the LC meeting saying that the guard should feel free to remove him, which shows that the SOTF is a part of the power structure that keeps the system of lies in City Hall in place.
- Peter Warfield said that with regards to agendized items, there should be openness, balance and fairness that allow others, besides parties to complaints from the City, to express other views; that the Task Force members are entitled to respond to public comment in ways that are responsive to the public but not with an action or extensive discussion; that any advice from the DCA to the Task Force should be documented so that the public can follow the guidelines, rulings and opinions.
- Kimo Crossman alleged that Gloria Young deleted communications that she received from the City Attorney and then said that she never received them. (handed out packet of documents) CAO1 – email train.
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16.
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Announcements, questions, and future agenda items from the Task Force.
- Member Knee indicated that at the next meeting he will introduce a motion to support videographer-blogger Josh Wolfe in his fight to protect the First Amendment.
- Member Williams indicated that the consultant for item 2 was helpful; stated that it is inappropriate for campaign information to be mailed to them at the office, that they should be forwarded to Members homes; that her name should be listed, in the Annual Report, as a member of the Education, Outreach and Training Committee.
- Member Pilpel asked that the Supervisor of Records annual report be provided at the October or November meetings. Asked that a copy of the resolution by the Board of Supervisors regarding development of an attendance policy be included in next months packet.
- Member Wolfe suggested that as an operational policy Gender Stacking be applied when the chair calls on people. Asked if the Task Force should consider a policy that consistent violations found against a department within a specific timeframe be referred to an enforcement agency.
- Member Cauthen suggested that a policy used by the prior Administrator be reinstated that involves changing the vote order on action items.
Speakers: Peter Warfield said that the Task Force has no policy regarding how to deal with wholesale violators. That the Library is generally understood to be one of the worst violators. The Task Force has not done what it is supposed to do under the law, which is to forward ongoing violations to other bodies. The Task Force has the option to find that violations were willful, which would be useful to bodies whenever the Task Force finds flagrant or frequent violations in a particular department.
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Adjournment
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The meeting was adjourned at 9:48 p.m.
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