December 20, 2006

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 Goldman

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

Agenda Changes:

The Task Force, by consensus, agreed to hear item #8 after item #4.

Speaker: Kimo Crossman, Complainant, requested that item 8 be continued to allow him time to gather more information. Gloria Young, COB, opposed the continuance and requested that if this item is continued that all three of the complaints filed against her be continued to the February 27, 2007 meeting of the Task Force.

Several members objected to continuing the item especially since a special meeting had been scheduled and parties were informed that additional information would be due 24 hours after the Complaint Committee meeting.

Motion to hear the item today. ( Pilpel / Craven )

Ayes: Craven, Knee, Pilpel, Wolfe, Chan, Goldman

Noes: Cauthen, Vongs, Comstock, Williams

Excused Absent: Chu

1.

Discussion re: the Sunshine implications of Proposition D.

Deputy City Attorney Llorente indicated that Proposition D requires a Court order prior to the release of private information by Contractors; who may sell the information.

Speakers: Kimo Crossman asked that this item be continued until Supervisor Daly can attend.

Member Pilpel asked Deputy City Attorney Llorente to provide a copy of the unpublished opinion "San Diego Reader vs. Superior Court" and a copy of Chapter 12M. He said that he would like to hear from Supervisor Daly on this matter.

Continued, by consensus of the Task Force, until January 23, 2007 meeting of the Task Force to allow for Supervisor Daly or one of his Aides possible attendance.

2.

Supervisor of Public Records Report (Dorji Roberts)

Deputy City Attorney Dorji Roberts made the report and indicate that there were only two petitioners, whose complaints he summarized. He stated that the report does not identify petitioners who withdrew their complaints.

Member Pilpel asked DCA Roberts to submit future reports in October of each calendar year.

Speakers: Kimo Crossman said that the Supervisor of Records Report is not complete because it should include withdrawn petitions. He urged the Task Force to request that the report be rewritten and corrected.

Member Craven cited Section 67.21 (h) of the ordinance and believes that withdrawn petitions should be included in the report.

The Chair, by consensus of the Task Force, asked the Administrator to inform DCA Roberts of its request for a supplemental report that includes all petitions received and their disposition, including withdrawn petitions.

3.

Approval of minutes of November 28, 2006

Speakers: Michael Petrelis urged that the Task Force provide more detailed minutes, so that non-attendees can have a better sense of what the HIV-CAB and the Task Force is doing.

Chair Comstock and Member Williams informed Mr. Petrelis of the continued effort to improve the minutes and that the audio tape of the meeting will have a detailed discussion of the meeting.

Kimo Crossman said that although the minutes are better than in the past that they need to be more thorough.

Motion to approve minutes of November 28, 2006 as corrected. ( Pilpel / Cauthen )

Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams

Excused Absent: Chu

4.

Report from Complaint Committee meeting of October 10, 2006, and November 14, 2006.

Member Cauthen made the report

Speakers: None

06018/06023

Recommendation to accept jurisdiction of complaint filed by Daisy Anarchy and Hima B. against the Entertainment Commission for alleged failure to allow attendance at a public meeting, improper meeting notice, failure to post meeting agendas and minutes, and failure to allow public comment.

Speakers: None

Member Pilpel confirmed that it was a Section 67.30 (c) matter.

Motion to accept jurisdiction. ( Cauthen / Goldman )

Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams

Excused Absent: Chu

06026

Recommendation to accept jurisdiction of complaint filed by Kimo Crossman against the Clerk of the Board of Supervisors for alleged failure to provide public record in original electronic format requested, and not providing a legal reason.

Speakers: None

Motion to accept jurisdiction. ( Cauthen / Knee )

Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams

Excused Absent: Chu

06029

Recommendation to accept jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board of Supervisors alleging that the Administrator is not a full time position.

Speakers: Kimo Crossman, Complainant, withdrew the complaint alleging that the Clerk did not provide documents in a timely manner. He said that he would file a new complaint. Gloria Young, Clerk of the Board, said that Mr. Crossman made an Immediate Disclosure Request the day after the December 12, Complaint Committee meeting, which is not related to the current complaint, and that the records that he requested were provided in a timely manner.

Members Wolfe, Cauthen, Williams, and Pilpel expressed their displeasure with the withdrawal saying that they were troubled and frustrated that this item is not moving forward; that Mr. Crossman had agreed to have a special meeting with a limited amount of time to submit support documents; that more consistency is needed.

Member Pilpel stated that he does not agree to the withdrawal and asked if it was possible to vote on it.

DCA Llorente indicated that since the complaint has been withdrawn, the Task Force does not have jurisdiction to discuss it.

5.

06018/06023

Public hearing, complaint filed by Daisy Anarchy and Hima B. against the Entertainment Commission for alleged failure to allow attendance at a public meeting, improper meeting notice, failure to post meeting agendas and minutes, and failure to allow public comment.

Speakers: Daisy Anarchy; Complainant, discussed the violations which she alleged occurred at meetings on May 8, July 5, August 4, and September 13, 2006. Supporters for the Complainant: Maxine Dugon said that she witnessed public comment by the complainant that was being heard in the overflow room during the August 4 meeting being disrupted. Sarah Kennedy stated that she was not allowed to attend the September 13 meeting.

Bob Davis, Director, Entertainment Commission responded that the events on May 8 and July 5, were workshops/seminars and not public meetings; that Ms. Anarchy's public comment was not disrupted on August 4, and the September 13, was conducted by the Mayors office and not the Entertainment Commission.

Kimo Crossman said that the Task Force should find a violation since the meeting was passive and was not properly noticed.

Martin MacIntyre said that he has past experience with the Entertainment Commission not giving sufficient notice of meetings.

Member Pilpel asked that third party comments be included in the packet.

Chair Comstock, by consensus of the Task Force informed the complainant that May 8, and July 5 meetings were passive meetings that did not require agendas or minutes.

The Task Force finds that there is insufficient evidence to find an explicit violation of the Ordinance during the events of August 4, 2006. The Task Force cautions the staff of the Entertainment Commission to be aware that they are responsible not to disrupt the meeting by preventing members of the public from hearing public testimony or to indicate bias toward members of the public, and to conduct meetings in as civil of a manner as possible. ( Craven / Pilpel )

Member Wolfe expressed that the overflow room is an extension of the meeting and that any disruption of any of the rooms would constitute a violation of the Brown Act.

Deputy City Attorney Llorente responded that it would be a stretch to claim a violation of the Brown Act since the Commission themselves did not violate the Act. That a notice to the Entertainment Commission regarding actions of its staff is sufficient.

Member Vong notified the Task Force that she knows Fred Crisp; that he is a friend.

Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Pilpel, Goldman, Williams

Noes: Wolfe

Excused Absent: Chu, Chan

Motion finding that the September 13, 2006 meeting was passive and that the Entertainment Commission violated the Ordinance by improperly excluding a member of the public from the meeting, and preventing the meeting from being videotaped (Knee / Cauthen )

Member Pilpel expressed that the violation should be against the Mayor's Office and not the Entertainment Commission.

Ayes: Craven, Knee, Cauthen, Vongs, Comstock, Wolfe, Goldman, Williams

Noes: Pilpel

Excused Absent: Chu, Chan

Member Wolfe stated that a letter should be written to the Mayor's Office notifying them of the events that occurred during the September 13 meeting.

Member Williams said that a strong letter should be written; that the Education, Outreach, and Training Committee should take up this matter, and that the Task Force should meet with the Mayor.

In response to Chair Comstock's question regarding appropriate language, Deputy City Attorney Llorente suggested the following language: In the course of hearing a complaint regarding the Entertainment Commission we found a violation regarding the Commission. However, we have serious concerns about how the Mayor's Office used the Commission staff to conduct this meeting and ultimately caused certain actions to happen that led to a finding of liability with the Commission staff. This troubles us, and we would like you to appear before the Task Force so that we can have a dialog to understand what occurred, and to hopefully advise you on how this problem can be corrected so that it won't occur in the future. He suggested that the entire packet be sent with the letter to the Mayor's Office.

Chair Comstock, by consensus of the Task Force, said that a letter will be written to the Mayor's Office regarding this issue.

The Chair called for a three-minute recess.

6.

06019

Continued 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.

Member Pilpel suggested that since this is a continued hearing that comments be limited to only new information.

The Chair, by consensus of the Task Force informed the parties that they have three minutes to testify.

Speakers: Dr. Wayne Lanier, Complainant, requested that the Task Force make the eight findings identifed on pages 151-152 of the packet. That the public has a right to know whether the Mayor is acting properly or improperly.

Member Pilpel reminded Chair Comstock that he was recused from this matter at the previous hearing.

Chair Comstock voluntarily recused himself.

Joe Arrellano, Mayors Office, cited page 81 of the Good Government Guide regarding best practices; that the Mayor has two calendars and that Mr. Lanier was provided with a copy of the Mayors calendar.

Kimo Crossman said that the Mayor has one calendar and not two. He said provision of Section 6253.9 and Prop 59 were made after Prop G; that future calendar events are public record. He informed the Task Force that Christian Holmer wanted to provide Public Comment via phone.

Vice-Chair Craven, by consensus of the Task Force, stated public comment via phone would not be allowed.

Allen Grossman cited section 67.29-5 and said that there is no mention of two calendars; that there should be a distinction on the calendar between personal and business events.

Motion finding a violation of section 67.21 for failure to respond in a timely manner. The Task Force further finds that the Ordinance does not require that Calendars be produced in advance, but that they be available within three business days as required in Section 67.29-5; that standing requests are not required to be responded to; that technical solutions regarding the issues pertaining to Lotus Notes should continue to be explored by the Mayor's Office. The Mayor's Office will report to the Compliance and Amendments Committee at their next meeting with respect to the progress on the Lotus Notes issue. (Pilpel / Knee )

Ayes: Craven, Knee, Vongs, Pilpel, Wolfe, Goldman, Williams

Recused: Comstock

Excused Absent: Cauthen, Chu, Chan

Motion requesting that the Mayor's Office of Communication create written guidelines as to how the calendar is created, the content of the calendar (i.e. what's included and excluded), with examples of how they are proposed to be made; that it is the opinion of the Task Force that names of individuals who meet with the Mayor should be redacted as minimally as possible. It is our view that it is the intent of the Ordinance, including Prop G, that such information be provided to the greatest extent possible. (Pilpel / Wolfe)

Amended motion that the Mayor's calendar include the names of constituents who meet with the Mayor and where applicable the entities that they represent; that names of persons meeting with the Mayor be redacted only where absolutely necessary as defined by law. (Knee / Williams)

Ayes: Craven, Knee, Vongs, Wolfe, Goldman, Williams

Noes: Pilpel

Recused: Comstock

Excused Absent: Cauthen, Chu, Chan

Vice Chair Craven, by consensus of the Task Force encouraged the Mayor's Office to write written guidelines regarding its calendar; that a letter will be written regarding the Task Forces decision.

Vice Chair Craven informed Member Wolfe that in October 2006 a member of the Task Force asked the Administrator, without descent, to rotate the voting order as was done by the prior Administrator.

7.

06026

Public hearing, complaint filed by Kimo Crossman against the Clerk of the Board of Supervisors for alleged failure to provide public record in original electronic format requested, and not providing a legal reason.

Speakers: Kimo Crossman, Complainant; Gloria Young, Clerk of the Board.

Martin MacIntyre, in support of the Complainant, said that the Clerk of the Board hides behind the City Attorney advice and that the City Attorney's Office is trying to trump Decisions of the Task Force.

Motion finding a technical violation of Section 67.27 for failure to provide justification for withholding. ( Wolfe / Knee )

Ayes: Knee, Vongs, Wolfe, Goldman

Noes: Craven, Comstock, Pilpel, Williams

Excused Absent: Cauthen, Chu, Chan

Motion to dismiss. ( Craven / Goldman )

Ayes: Craven, Vongs, Comstock, Pilpel, Goldman, Williams

Noes: Knee, Wolfe

Excused Absent: Cauthen, Chu, Chan

8.

06029

Public hearing, complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board of Supervisors alleging that the Administrator is not a full time position.

Previously withdrawn.

9.

Report: Compliance and Amendments Committee: meeting of December 11, 2006.

Member Knee made the report.

Speakers: None

10.

Administrator's Report.

The Administrator made the report.

Speakers: None

Member Pilpel said that he is not sure that the November 29, 2006 letter to the Board reflects the consensus view of the Task Force. He asked the Administrator to get a copy of the Boards final policy direction regarding the release of their electronic records.

11.

Public comment for items not listed on the agenda.

Speakers: None

12.

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

Speakers: None

Member Williams requested that Member Pilpel invite someone from the City Attorney's Office to the Education, Outreach and Training Committee to answer questions. She asked about the status of the Amendments to the Ordinance, and Member Knee gave an update.

Member Wolfe said that he attended the DHS Shelter Grievance CAC. That they did provide adequate public comment. That only one violation was noticed, which was during the meeting a staff person had received a specific communication addressed specifically to each of the CAC members but it was not made available to the public and that he had informed them during public comment that that was a violation of the Ordinance, which they seem to understand. He said that the staff were not clear about their charge.

Member Pilpel said that he attended a prior meeting of the Shelter Monitoring Committee and also provided Sunshine guidance. He said that he was notified by concerned individuals that a meeting yesterday of the Taxi Commission Healthcare Working Group wasn't properly noticed, and that a complaint might be filed.

Adjournment

The meeting was adjourned at 9:26 p.m.