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Agenda Changes:
Items 1 and 2 were continued.
Mr. Crossman, complainant, requested that item #7 be continued because he needs more time to review the document submitted by the respondent; that the document has complex legal citations and he only received it three days ago.
Chair Comstock stated that item #7 will be continued.
Frank Darby, respondent, requested that item #7 not be continued. He said that the complaint was continued in November, and that there is documentation in the file proving that Mr. Crossman received the document a week ago. He asked that the Task Force wait until jurisdiction is being considered before determining whether or not to grant a continuance because he has additional concerns to bring to the Task Forces attention.
Chair Comstock asked DCA Llorente to state the Task Forces procedures with regards to a complainant's request for a continuance.
Deputy City Attorney Llorente responded that when both parties agree to a continuance that the continuance is automatic. However, when both parties don't agree then the Task Force decides whether to grant the continuance or to move forward with the complaint. He stated that the Holman v. Superior Court case, which is in the packet, helps frame the issue regarding e-mail addresses.
Member Craven suggested that the issue (Item #7) be discussed at jurisdiction then moved on to the complaint process.
Member Cauthen indicated that Linda Wong, who has taken off from her usual work, was in the audience to clerk the meeting so that Mr. Darby can recuse himself when the item is heard.
Member Pilpel moved the agenda.
Chair Comstock stated that item #7 will not be continued.
Mr. Crossman withdrew his complaint (Item #7) and said that he will resubmit it.
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1.
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Discussion re: the Sunshine implications of Proposition D.
Continued, by consensus of the Task Force.
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2.
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Supervisor of Public Records Report (Dorji Roberts)
Continued, by consensus of the Task Force.
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3.
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Approval of minutes of December 20, 2006, and January 9, 2007.
Speakers: Kimo Crossman said that he is in the process of creating an example of a transcribed meeting that he will provide to the Task Force.
Chair Comstock submitted technical corrections to the Administrator.
Member Pilpel thanked the Administrator for providing a higher level of content in the minutes.
Motion to approve minutes of December 20, 2006. ( Pilpel / Goldman )
Without objection.
Motion to approve minutes of January 9, 2007. ( Pilpel / Goldman )
Without objection.
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4.
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Report from Complaint Committee meeting of December 12, 2006 and January 9, 2007.
Member Cauthen made the report
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06025
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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 documents in original electronic format on a timely basis.
Speakers: Kimo Crossman, complainant, apologized for not attending the Complaint Committee meeting due to his work schedule; that his request to call in was not granted and that he approves of jurisdiction.
Motion to accept jurisdiction. ( Cauthen / Goldman )
Without objection.
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06028
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Recommendation to accept jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged illegal redaction of email addresses and filename paths.
Previously withdrawn.
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06033
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Recommendation to accept jurisdiction of complaint filed by Mary McGuire against the Taxi Commission for alleged violation of Section 67.7-1 for failure to provide 72 hours notice of its meeting on the web and not posting the meeting notice outside of the meeting room.
Speakers: None.
Member Pilpel stated that he spoke with Ms. McGuire on the day of the incident, but that he can be impartial.
Member Cauthen stated that she knows Ms. Thigpen but that she can be impartial.
Motion to accept jurisdiction. ( Cauthen / Goldman )
Without objection.
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06034
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Recommendation to accept jurisdiction of complaint filed by Jason Garza against the Department of Public Health-SF General Hospital for alleged denial of records.
Speakers: Jason Garza requested that untimely response be included as part of his complaint.
Member Pilpel asked DCA Llorente to comment as to whether the Task Force has jurisdiction over medical records.
DCA Llorente responded that although the Task Force has general jurisdiction to hear the matter there may be laws that may preempt the release of certain records.
Motion to accept jurisdiction. ( Cauthen / Goldman )
Without objection.
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5.
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06025
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Public Hearing, complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide documents in original electronic format on a timely basis.
Speakers: Kimo Crossman, Complainant: requested that a violation be found for untimely response, failure to provide records and on a rolling basis, and invalid request for an extension. Ron Vinson, Department of Telecommunications and Information Services: stated that they did fail to respond to Mr. Crossman's request in a timely manner by not letting him know that they had no records responsive to his request.
Motion finding a violation of Section 67.21 (b) for failure to respond to a public records request. The department is directed to submit a response to the request within five days of receipt of this Order of Determination.
The Task Force urges the Department of Telecommunications and Information Services to implement a system for tracking Sunshine requests to ensure that requests are responded to in a timely fashion and to seek additional resources to respond to request for records. (Pilpel / Cauthen )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams
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6.
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06027
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Public Hearing, complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide public record e-mail documents, not minimally redacting information, and untimely response.
Speakers: Kimo Crossman, Complainant: said that DTIS withheld e-mail communications with Earthlink including those that were identified as "trade secret." Ron Vinson, Department of Telecommunications and Information Services: said that all documents have been posted on the Internet.
Motion finding a violation of Section 67.24 (e)(3) for failure to produce all documents, including correspondence and e-mails, exchanged between the Department and Earthlink representatives related to the position of the parties. The Department is directed to submit a response to Mr. Crossman and the Task Force within five days of receipt of this Order of Determination as to whether, subsequent to the request, the correspondence and e-mails that were requested have been posted and made available. If the documents have not been posted, the department is directed to make them available to Mr. Crossman. (Craven/Chan)
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Noes: Pilpel
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7.
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06028
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Public Hearing, complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged illegal redaction of email addresses and filename paths.
Previously withdrawn.
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8.
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06033
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Public Hearing, complaint filed by Mary McGuire against the Taxi Commission for alleged violation of Section 67.7-1 for failure to provide 72 hours notice of its meeting on the web and not posting the meeting notice outside of the meeting room.
Speakers: Mary McGuire, Complaint said that the agenda was not posted on the web or outside the room; Supporters: Richard Koury said that he could not find the agenda on the web and that it was not posted in a correct or timely manner; Charles Rathbone said that the agenda was not posted outside of the room and that the minutes are not posted.
Jordanna Thigpen, Deputy Director, Taxi Commission, said that the agenda was posted on the web, but not in the correct location; that the agenda was placed on a table inside the hearing room (#201) because posting is not allowed on the wall or door due to the buildings historical requirements. She also said that the minutes are posted.
Public Comment: Kimo Crossman said that posting is important and the department has to consider other posting options.
Luilla Harris said that Ms. Thigpen didn't say when the minutes were posted.
Member Pilpel stated that the Section 67.7 does not require that agenda's be posted outside of the meeting, but in the main Library's Government Center. He said that posting agenda's outside of a meeting room is not a common custom or practice.
Member Craven indicated that posting agenda's outside of the meeting room is a well established practice in the City and although it is not required under the Ordinance, not posting the agenda's outside the meeting room violates the spirit of the Ordinance.
Deputy City Attorney Llorente stated that the requirement that the Libraries Government Information Center receive this information is a separate Administrative Code Section (816), and does not meet the requirement of
67.7 A.
Chair Knee asked DCA Llorente if a violation of Section 67.31 can be found against the Mayor's Office although a complaint has not been filed against them?
DCA Llorente responded that it would be a due process issue because the Mayor's Office is not aware of the complaint or had an opportunity to respond.
After lengthy discussion with the Task Force, Ms. Thigpen stated that: 1) for future meetings she will request that room 421 be made available because it has posting capabilities outside the room 2) that she will write a letter to the parties whom she spoke with and the Executive Direction of the Taxi Commission regarding the Task Forces' suggestion for posting agenda's outside the meeting room, and 3) she will ask DTIS about providing another password to access the Content Management System for posting of agenda's.
Motion finding a technical violation of Section 67.7 of the Sunshine Ordinance for failure to post the agenda outside of the Mayor's Office conference room during the subcommittee meeting. The Task Force notes that such failure to post was not willful and that the representative of the Taxi Commission is committed to solving the problem with respect to room 201 by either getting authority from the Mayor's Office to post agendas outside room 201 or moving future subcommittee meetings to a room where posting is available. In addition, the Task Force authorizes the Chair to send a letter to the Mayor expressing our concern regarding the use of room 201, when posting of agendas for Policy Body meetings outside the meeting room is required but apparently not allowed. (Craven / Cauthen )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Wolfe, Goldman, Williams
Noes: Pilpel, Chan
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9.
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06034
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Public Hearing, complaint filed by Jason Garza against the Department of Public Health-SF General Hospital for alleged denial of records.
Speakers: Jason Garza, Complainant: said that the medical screening is not tangible and he should not have to sign a release for his medical records; Bertha Dae, Risk Manager, Department of Public Health: said that documents were provided, but that Mr. Garza must sign for the medical records.
Public Comment: Kimo Crossman said that it's wrong to call someone crazy when they are making a point. (There is no evidence that the Task Force made any statement like this.)
Member Pilpel asked Mr. Garza if he would be willing to go to San Francisco General to sign for release of his Medical Records. Mr. Garza responded that he would die before setting foot in the hospital, however he would sign for the release of the documents.
Motion finding a technical violation of Section 67.21 (b) of the Sunshine Ordinance for failure to respond in a timely manner to the records request. (Craven / Goldman )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams
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10.
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Report: Compliance and Amendments Committee: meeting of December 11, 2006.
Member Knee made the report. He said that a letter will be written to the Mayor's Office requesting that a representative be sent to the February 12, CAC meeting to discuss their polices and practices regarding formatting and redaction of the Mayor's appointment calendar.
Speakers: None
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11.
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Administrator's Report.
The Administrator made the report.
Speakers: Kimo Crossman said that he is an advocate for digital recording. He urged the Task Force to instruct the Administrator to post digital recordings of Task Force meetings on the web.
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12.
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Public comment for items not listed on the agenda.
Speakers: Kimo Crossman urged the Task Force to review its procedures regarding request for a continuance. He said that he is working to develop a transcription method to take digital recording and convert it to full text; to resolve discrepancies over minutes.
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13.
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Announcements, questions, and future agenda items from the Task Force.
Member Pilpel: Asked if the Task Force could consider developing a policy regarding the withdrawal of complaints by a complainant at the Task Force hearing, especially when they claim that they will refile.
By consensus of the Task Force, this issue was referred to the Rules committee for review and a recommendation under the heading: Proposed rule regarding withdrawal of complaints: how it is done and when it is allowed.
Member Pilpel asked if there was a way that the Task Force can be made aware when a Public Records Request is consuming a lot of Departments staff time – opportunities for Departments to come to the Task Force to discuss what's going on apart from the context of a complaint.
Member Wolfe suggested that new methods be developed to rejuvenate and energize departments.
Member Williams said that the Departments are not getting enough training; that they should come to the Task Force and that the Task Force should try to help them work things out.
Member Cauthen said that sometimes the problem is that the right people in the departments are not getting the training.
In response to a question from the Chair regarding calls for advice from Departments the Administrator stated that representatives of Departments do call in and ask for advice on compliance with Sunshine laws.
Member Chu informed Members that National Sunshine Week is in mid March, and the League of Women Voters is working to put together a forum and urged participation by Members.
Speakers: Kimo Crossman said that if the issue regarding withdrawals are requested the issue regarding continuances should also be discussed.
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