|
1.
|
|
Discussion re: the Sunshine implications of Proposition B.
Sarah Ballard, Legislative Assistant to Supervisor Alioto-Pier stated that the purpose of the proposition is to 1) allow teleconferencing for women who are Board of Supervisors, and/or in Boards and Commission who are sidelined due to pregnancy or childbirth as certified by their physicians, and 2) a parental leave policy for Board Members; that telecommute sites must be properly noticed, be ADA compliant, and the public allowed to attend.
Speakers: Kimo Crossman said that he opposes the proposition; that he is concerned about the ability to provide public comment, video capturing of speakers by SFGTV, and the presence of participants at remote locations.
By consensus of the Task Force the Education, Outreach and Training Committee will calendar this item for further discussion and report back to the full Task Force.
|
|
2.
|
|
Discussion re: the Sunshine implications of Proposition D.
Speakers: Kimo Crossman expressed concern about the City not disclosing private information.
Allen Grossman said that this proposition does not pass the Prop 59 test.
Robert Reinhart said that he does not agree that a persons private information be provided until they request otherwise.
Deputy City Attorney Sanchez was asked to review Proposition D, Proposition 59, and Section 67.36 for conflicts.
Continued to the next meeting, without objection.
|
|
3.
|
|
Approval of minutes of October 24, 2006
Speakers: Kimo Crossman said that the minutes should reflect his statement that the Administrator is not full Time.
Allen Grossman alleged that the link to the minutes on the web is showing the Compliance and Amendments Committee Minutes.
Motion to approve minutes of October 24, 2006. ( Pilpel / Knee )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Chan, Goldman
Absent: Wolfe
Excused Absent: Vongs, Williams
|
|
4.
|
|
Report from Complaint Committee meeting of October 10, 2006, and November 14, 2006.
Member Cauthen made the report
Speakers: None
|
|
06018
|
Recommendation to accept jurisdiction of complaint filed by Daisy Anarchy against the Entertainment Commission for alleged improper meeting notice, failure to post meeting agendas and minutes, and failure to allow public comment.
Speakers: None
Previously continued by agreement of both parties.
|
|
06019
|
Recommendation to accept jurisdiction of complaint filed by San Francisco Survival Manual on behalf of Dr. Wayne Lanier against the Mayor's Officer for alleged failure to provide requested records and to respond in a timely manner.
Speakers: None
Motion to accept jurisdiction. ( Knee / Craven )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Chan, Goldman
Absent: Wolfe
Excused Absent: Vongs, Williams
|
|
5.
|
06017
|
Public hearing, complaint filed by Michael Petrelis against the Department of Public Health-Community Advisory Board for alleged failure to post meeting notices and agendas on the web and local publications, and failure to post agendas and minutes of its meetings.
Speakers: Michael Petrelis, Complainant; Matthew Florence, Department of Public Health; Robert Reinhard, CAB Member
David Bidwell said CAB is not connected to the City and has nothing to do with public policy; that information they collect is personal and confidential.
Kimo Crossman said that there should be a way to accommodate the complainant without identifying the parties.
Gavin Hall said that the CAB is not dealing with City funds.
Motion to dismiss. ( Knee / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Chan, Goldman
Absent: Wolfe
Excused Absent: Vongs, Williams
|
|
6.
|
06018
|
Public hearing, complaint filed by Daisy Anarchy against the Entertainment Commission for alleged improper meeting notice, failure to post meeting agendas and minutes, and failure to allow public comment.
Previously continued.
|
|
7.
|
06019
|
Public Hearing, complaint filed by San Francisco Survival Manual on behalf of Dr. Wayne Lanier against the Mayor's Officer for alleged failure to provide requested records and to respond in a timely manner.
Speakers: Dr. Wayne Lanier, Complainant requested a continuance to review documents provided by the Mayor's Office; Joe Arrellano, Mayors Office said that he is not opposed to a continuance.
Chair Comstock informed the Task Force that he is Vice President of PROSF but it will not color his ability to hear the complaint.
Member Pilpel express concerns about a possible conflict due to Chair Comstocks position with PROSF.
Chair Comstock voluntary recused himself.
Motion to consider the voluntary recusal of Chair Comstock (Cauthen / Comstock)
Ayes: Craven, Comstock, Pilpel, Chan, Goldman
Noes: Knee, Cauthen, Chu
Absent: Wolfe
Excused Absent: Vongs, Williams
Kimo Crossman supports a continuance since information was provided at the last minute.
Christian Holmer supports a continuance since they only just received the document.
Allen Grossman said that the three page letter from Mr. Arrellano was just handed out before the meeting and has legal issues which can't be responded to with the short notice.
Motion to continue until the next meeting. ( Knee / Cauthen )
Ayes: Craven, Knee, Cauthen, Chan, Goldman
Noes: Chu, Pilpel
Recused: Comstock
Absent: Wolfe
Excused Absent: Vongs, Williams
|
|
8.
|
|
Report: Compliance and Amendments Committee: meeting of November 15, 2006.
Member Knee made the report. He stated that he wrote a letter, by consensus of the Committee, to the Board of Supervisors Rules Committee in response their directive regarding review of vexatious and voluminous request, and cost.
Speakers: Kimo Crossman said that the issue regarding vexatious request should apply to departments who don't provide records; that if there is a hearing to discuss the matter that departments and the public get equal time to discuss the matter; that he has information from other jurisdictions on this matter that he will send to the Task Force.
Allen Grossman said that the vexatious issue is a form of swift boating that would go away if departments responded as required under the law.
|
|
9.
|
|
Report from Education, Outreach and Training Committee: meeting of November 9, 2006.
Member Pilpel made the report
Speakers: None
|
|
10.
|
|
Continued resolution supporting the right of journalists to protect source identities and to keep possession of unpublished/unaired materials; echoing the resolution of the Board of Supervisors in support of freelance blogger/videographer Joshua Wolf; and urging the Board and the Mayor to express to San Francisco's U.S. Senate and House representatives their support of shield law legislation S.2831 and H.R. 3233, that are under consideration in Congress.
Speakers: Kimo Crossman said that he supports the resolution.
Member Pilpel said that the resolution was not within the scope of the Task Force.
Resolution supporting the right of journalists to protect source identities and to keep possession of unpublished/unaired materials; echoing the resolution of the Board of Supervisors in support of freelance blogger/videographer Joshua Wolf; and urging the Board and the Mayor to express to San Francisco's U.S. Senate and House representatives their support of Federal shield law legislation. (Knee / Goldman)
Ayes: Craven, Knee, Cauthen, Comstock, Chan, Goldman
Noes: Chu, Pilpel
Absent: Wolfe
Excused Absent: Vongs, Williams
By consensus of the Task Force, a copy of this resolution is to be sent to the Board of Supervisors and Mayor.
|
|
11.
|
|
Discussion re: Should the Task Force refer to the Ethics Commission, for violation, the names of Departments that don't attend meetings of the full Task Force or Committees as required under Section 67.21 (e) of the Ordinance.
Speakers: Kimo Crossman suggested that a letter be written to Departments explaining that they maybe in official misconduct if not represented. He urged Task Force members who have never made a Public Records Request to file a anonymous request to the Mayor's Office of Communication to see how they are treated.
Pilpel suggested that a generic letter be written which says, "Dear Department Head. Your authorized representative did not attend a committee/full meeting of the Task Force to address the complaint. The Task Force takes complaints seriously both from the complainant and evidence that the City might provide. This is your first warning/notice that continued failure to appear at future hearings may require/suggest to us to refer this matter to the Ethics Commission. You certainly are aware of your obligations as part of the Annual Sunshine training that you've certified that you've attended. This too is a requirement. We expect you to send an authorized representative in the future as things come up." He said that the Task Force should use its discretion in determining when to send the letter.
Chair Comstock, asked the Administrator to also include in his hearing notice to departments that they should contact the Administrator if they cannot attend.
No action taken.
|
|
12.
|
|
Directive from the Rules Committee of the Board of Supervisors that the Task Force identify the cost to City departments for complying with the Sunshine Ordinance, and to provide a report to the Rules Committee.
Speakers: Reginald Forest the Task Force should ask why an audit is needed because the cost would be argumentative.
Kimo Crossman said that when people don't like the most assertive use of Open Government laws that cost becomes their most common complaint. He cited section 67.26 and said that the Rules Committee should be asked why it wants this information; that request is just the cost of open government.
No action taken.
|
|
13.
|
|
Discussion re: Adopting of policy regarding member's attendance at meetings.
The Task Force discussed the draft policy and made suggested changes.
Speakers: Kimo Crossman expressed concerns re partial attendance at meetings; that there is conflicting language in the policy and by-laws re: 3 meetings vs. 3 consecutive meetings.
Motion to adopt the draft policy (Pilpel / Comstock)
Ayes: Craven, Knee, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Absent: Cauthen
Excused Absent: Vongs, Williams
Chair Comstock suggested that full attendance shall mean that members are present at the beginning and end of the meeting.
Member Wolfe agreed to schedule a Rules Committee meeting to compare the language in the attendance policy to the Task Force's by-laws and report back to the Task Force.
|
|
14.
|
|
Discussion re: Motion submitted to the Rules Committee of the Board of Supervisors, regarding its policy on electronic records.
Motion that a letter be written to the Board of Supervisors Rules Committee stating the following:
The Task Force feels that under Section 67.30 (c) that the Task Force is obligated to give its advice to the Board of Supervisors regarding its implementation of the Sunshine Ordinance. We have found in three instances that not providing records in their native electronic format, when requested, is a violation of the Sunshine Ordinance and CPRA. Therefore we offer this advice to the Board of Supervisors that not providing records in the original form when so requested is a violation under the Sunshine Ordinance and the California Public Records Act. We request that you reject the motion as written. (Comstock / Pilpel)
Ayes: Craven, Knee, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Absent: Cauthen
Excused Absent: Vongs, Williams
Speakers: Kimo Crossman suggested that the letter by the Task Force express to the Board that it is not appropriate to obstruct access to records, and that the motion be rejected as written.
|
|
15.
|
|
Discussion re: Should the December 26, 2006 meeting of the full Task Force be rescheduled?
Speakers: Kimo Crossman asked that the Task Force's decision be e-mailed to him.
Chair Comstock, by consensus of the Task Force, asked the Administrator to schedule a Special meeting for December 19 or 20; that the agenda will contain the two complaints that were continued and two complaints from the December 12, Complaint Committee who agree to an expedited hearing – provided that support documents are submitted by close of business on Wednesday, December 13. The January 9, 2007 Complaint Committee meeting is to be rescheduled for 3 PM, and a Special Task Force meeting be scheduled for 4 PM.
|
|
16.
|
|
Administrator's Report.
The Administrator made the report.
Speakers: Kimo Crossman alleged that the Administrator is not a full time position and said that he has filed a complaint; that the Administrator should work with the Supervisor of Records to get the annual report; that he will file a IDR for DCA Llorente's copy of an advice letter in Word.
Member Pilpel asked the Administrator to identify in future reports how many items are with the District Attorney. He asked that the Task Force be provided with current SOTF performance measures.
Chair Comstock asked the Administrator to provided the current Statement of Incompatible Activities from the Ethics Commission.
|
|
17.
|
|
Public comment for items not listed on the agenda.
Speakers: Allen Grossman said that since there is a 72 hour deadline for meeting agendas the notion that a City department says that they could not get the documents in on time is an attitudinal problem.
Kimo Crossman said that the meeting packet shows other departments providing calendar information in advance.
|
|
18.
|
|
Announcements, questions, and future agenda items from the Task Force.
Speakers: None
Member Knee informed the Task Force of the "Stand of for Journalism" event scheduled for December 11, 2006; that information is available at www.savejournalism.org.
Member Pilpel asked that the Supervisor of Records report be scheduled for the next Task Force meeting. May schedule a discussion at the EOT Committee re: how open the Police Commissions hearings are and access to information regarding Officer misconduct cases.
Member Wolfe reminded Members to complete the online Ethics training before the end of the year if they have not already done so.
|