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Agenda Changes:
Administrator Darby informed Members that Cynthia Laird may not be available until 4:30 for item #3, and that Ron Vinson had been out of state and may not be available for item #15.
Kimo Crossman asked to continue item #10 so that he could have more time to view the document from James Harrigan.
Member Craven said that she supports continuing this matter because the packet does not contain the Sheriff's Office response.
Chair Comstock continued item #10, by consensus of the Task Force.
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1.
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Approval of minutes of February 27, 2007.
Speakers: None.
Member Pilpel said that he thought item #17 of the minutes, regarding proposed changes to the annual Sunshine training, would be agendized for today's meeting.
Chair Comstock responded that he was unable to get in contact with Member Pilpel to draft letters to the Ethics Commission and City Attorney's Office. He said the matter would be agendized for the next Task Force meeting.
Member Pilpel asked if the Administrator could ascertain whether a discussion was to be agendized for today's meeting.
Chair Comstock asked the Administrator to make certain that occurs.
Member Cauthen commended the Administrator on the level of detail of the minutes.
Motion to approve minutes of February 27, 2007. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
Without objection.
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2.
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Report from Complaint Committee meeting of January 9, 2007, February 13, 2007, and March 13, 2007.
Member Cauthen made the report
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06031
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Determination of jurisdiction of complaint filed by Cynthia Laird against the Department of Public Health – HIV Prevention Planning Council for alleged failure to allow photographing during its meeting.
Chair Comstock asked to be recused since he is a close friend and associate of Mr. Rick Gerharter whom he occasionally hires as a photographer.
Motion to recuse Chair Comstock. ( Wolf / Chu )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
Member Pilpel disclosed that he his friends with Paul Melbostat, who is the legal counsel to the Bay Area Reporter, but can be impartial.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Pilpel, Wolfe, Chan, Goldman
Recused: Comstock
Excused: Williams
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07001
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Determination of jurisdiction of complaint filed by Debra Ward against the Municipal Transportation Agency for alleged failure to provide records requested.
Speakers: None
Member Pilpel disclosed that he knows Ms. Ward and previously served on the MTA-CAC, and presently serves as an alternate on the MTA's TEP-CAC, but that he can be impartial.
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
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07002A
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Mayor's Office for alleged failure to allow inspection of the Mayor's Calendar.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Knee )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
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07002B
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Mayor's Office for alleged failure to retain correspondence and calendar information.
Speakers: None
Motion to accept jurisdiction. ( Comstock / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
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07008
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Public Utilities Commission for alleged failure to provide requested records, and untimely response.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
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07009
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Mayor's Office of Communications for alleged failure to provide requested emails and email addresses, and failure to provide information incrementally.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
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07010
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Determination of jurisdiction of complaint filed by Allen Grossman against the City Attorney's Office for alleged failure to respond in a timely manner, failure to provide records requested in original electronic format (MS Word), and failure to provide an exact copy of the records requested.
Speakers: Allen Grossman said that it was he, not Mr. Dorsey, who requested to review the document on the CAO's computer. Mr. Dorsey said that he met with Mr. Grossman at 10 AM on the 21st to view the document and that Mr. Grossman said that he would withdraw the complaint after the review but did not.
Member Pilpel asked the Task Force (TF) to resolve the matter as to whether there is a conflict with DCA Llorente serving as counsel for this item. He said that there is no conflict and doesn't see a need for him to recuse DCA Llorente.
Chair Comstock asked DCA Llorente if the TF can discuss his possible recusal as part of jurisdiction?
DCA Llorente responded that the TF can discuss the matter now or later. He said that he is not hearing the matter; that he is only the TF counsel, and can be impartial.
Allen Grossman said that he objects to DCA Llorente providing legal counsel to the TF on this compliant since the City Attorney's Office is a party to the complaint. He said that there is a conflict and no legal reason basis for not recusing him.
Kimo Crossman said that DCA Llorente should be recused, since there is a potential conflict. He suggested that Member Craven provide legal counsel to the TF since she is an attorney.
Peter Warfield said that DCA Llorente should be recused for possible actual conflict, appearance of a conflict, and/or out of respect for the complainant.
DCA Llorente said that he has no contact with the Government Team, and that he can represent the TF interest with regard to open government, open meetings and CPRA.
Member Cauthen said that a previous recusal of the TF attorney Jackie Minor was a totally different matter, because she was advising the Department who was a party to the complaint.
Member Wolfe said that if DCA Llorente were recused his advice letters would also need to be considered. He asked Mr. Grossman if he had a problem with the written advice from DCA Llorente?
Mr. Grossman said that he does not have a problem with the advice letters only a slight problem with how DCA Llorente described the violations. He said, that he is not accusing DCA Llorente of anything; that he is only questioning his ability to remain impartial.
Chair Comstock asked DCA Llorente to explain the procedure for his recusal.
DCA Llorente responded that he could recuse himself or the TF can vote to recuse him. He said that he has no basis to recuse himself.
Chair Comstock asked if there was a motion to recuse DCA Llorente. There was no motion for recusal.
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
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07011
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Sheriff's Office for alleged failure to provide video records requested.
Previously continued to the April 24, 2007 Task Force meeting.
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07013
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Determination of jurisdiction of complaint filed by Adam Aufdencamp against the Mayor's Office of Communications for alleged failure to respond to an Immediate Disclosure Request.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
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3.
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06031
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Public Hearing, complaint filed by Cynthia Laird against the Department of Public Health – HIV Prevention Planning Council for alleged failure to allow photographing during its meeting.
Speakers: Cynthia Laird, Complainant, said that photography was not disruptive and should have been allowed; that the Council has no expectation of privacy since they choose to participate on a public body. Tracy Packer, Respondent, said that they allow photography, in accordance with their policy, after prior notice has been given. Gail Burns, in support of the Respondent, said they don't object to photography, but notice must be given so that presenters are not harassed.
Kimo Crossman said that there is no expectation of privacy for those who choose to participate; that there should be no restrictions.
Peter Warfield said that prior approval is only an obstruction, which should be removed, and that the photographer has a right to be present.
Motion finding a violation of Section 67.14 of the Sunshine Ordinance and Section 54953.5 of the Brown Act for failing to allow photography during its meeting. ( Knee / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Pilpel, Wolfe, Chan, Goldman
Recused: Comstock
Excused: Williams
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4.
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07001
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Public Hearing, complaint filed by Debra Ward against the Municipal Transportation Agency for alleged failure to provide records requested.
Speakers: Debra Ward, Complainant, said that she is specifically requesting two emails regarding her request for an alternate work schedule and clarification on the status of her position. She said that the Department is withholding the documents although they are only memoranda and not an invasion of privacy. Allen Grossman, in support of the Complainant, said that Mr. Kennedy's letter is not permitted under the Ordinance; that it is inappropriate and uncalled for and should be removed from the packet. Rumi Ueno, Respondent, said that Ms. Ward was sent the emails on February 14. She said that the disclosure of records requested by Ms. Ward would be an unwarranted invasion of privacy; that the records requested are exempt from disclosure. Micki Callahan, in support of the Respondent, said that Ms. Ward's request was made as a member of the public and disclosure would have a great impact on labor relations. She said that management discusses employee performance and disclosure would hinder that discussion and collective bargaining.
Ms. Ward, in rebuttal, said that the e-mails are not in the personnel file and have no personal information in them. She said that the Department is only shielding their own privacy, which shows how employees are treated when they ask for an accommodation.
Member Pilpel asked Ms. Ueno if employees have access to their personnel file through the collective bargaining process. Ms. Ueno responded that employees have the right to review and typically get a copy of their personnel records.
Motion finding a violation of Section 67.21 of the Sunshine Ordinance for failure to disclose the requested documents, even though Ms. Ward agreed to waive any personnel or privacy exemptions to disclosure that she may otherwise have. ( Craven / Pilpel )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman
Excused: Williams
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5.
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07002A
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Public Hearing, complaint filed by Kimo Crossman against the Mayor's Office for alleged failure to allow inspection of the Mayor's Calendar.
Speaker: Kimo Crossman, Complainant, said that the Mayor's Office cited security reasons for not allowing inspection and a copy of the Mayor's calendar in Lotus Notes, which he wanted mailed to him. Joe Arellano, Respondent, said that Mr. Crossman wanted to view the Mayor's calendar in Lotus Notes, which had secure information, which at the time could not be redacted to prevent information that was not subject to disclosure.
Kimo Crossman, said the Mayor did not attempt to secure the information, and that he wanted the calendar in its original format.
Allen Grossman said that the calendar is a public record, which should be made available in its original format.
Peter Warfield said that section 67.29-5 does not mention a Prop G calendar in the Ordinance; that he questions the Mayor's Office inability to copy the information requested into another area of the Lotus Notes calendar for review.
Motion finding no violation on the basis of the request to inspect the Calendar on that particular day. ( Craven / Pilpel )
Ayes: Pilpel
Noes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman
Excused: Williams
The motion failed for lack of 6 votes.
Motion to continue the matter to the next Task Force meeting (Pilpel)
The motion failed to receive a second
Motion finding a violation of Section 67.27 of the Sunshine Ordinance for failure to provide specific justification as to why the information will not be subject to inspection. ( Wolfe / Craven )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Goldman
Noes: Pilpel
Absent: Chan
Excused: Williams
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6.
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07002B
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Public Hearing, complaint filed by Kimo Crossman against the Mayor's Office for alleged failure to retain correspondence and calendar information.
Speaker: Kimo Crossman, Complainant, said that the Mayor's Office is deleting e-mail correspondence and calendar information, which is a violation of CPRA and the Ordinance; he urged the TF to find a violation for not preserving records. Joe Arellano, Respondent, said that the Mayor's Office is in compliance with its Records Retention Schedule.
Kimo Crossman, said the Mayor's office can archive the e-mails rather than delete them.
Peter Warfield, said that the Mayor's Office reason for not retaining e-mail is not valid; that the City can find a way to retain records. He said that section 67.29-7 of the Ordinance requires that records be maintained in a professional manner.
Motion finding a violation of 67.29-7 of the Sunshine Ordinance for failure to preserve records consistent with provisions of the Ordinance. ( Craven / Knee )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Goldman
Noes: Pilpel, Chan
Excused: Williams
Motion that the Task Force write a letter to the Mayor expressing concern with the Records Retention policy, and suggest that they follow through on their pledge to find a computer program that retains calendar records longer than five days, and make other improvements to enhance the retention of important documents. Further, that a copy of the letter be sent to Mr. Nathan Ballard and Mr. Joe Arellano of the Mayor's Office and the City Attorney's Office, requesting a response. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Goldman
Noes: Pilpel, Chan
Excused: Williams
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7.
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07008
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Public Hearing, complaint filed by Kimo Crossman against the Public Utilities Commission for alleged failure to provide requested records, and untimely response.
Speakers: Kimo Crossman, Complainant, said that the department did not provide the requested records; that he wants the same level of access to e-mail addresses as the PUC. Allen Grossman, in support of the Complainant, said that the CAO cites a number of cases; that it is not a level playing field for the complainant. He said, that the CAO should not advocate or ghost write for departments. Tony Winnicker, Respondent, said that the private e-mail addresses of the commissioners should not be disclosed when their public e-mail addresses are available.
Kimo Crossman, in rebuttal, said that there is no justification for the redactions.
Peter Warfield, said that the law doesn't support privacy on this matter; that there are a variety of ways to protect privacy and that an e-mail address is not intrusive.
Motion finding a violation of Section 67.21 Section 67.21 of the Sunshine Ordinance for failure to disclose requested documents identifying Commissioners' personal e-mail addresses to Mr. Crossman. (Craven / Knee)
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman
Noes: Pilpel
Excused: Williams
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8.
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07009
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Public Hearing, complaint filed by Kimo Crossman against the Mayor's Office of Communications for alleged failure to provide requested emails and email addresses, and failure to provide information incrementally.
Speakers: Kimo Crossman, Complainant, said that he requested e-mail addresses of invitations sent to a thousand individuals who were invited to a town hall meeting but no e-mails were provided, only a spreadsheet listing a few people. Joe Arellano said that he provided him with the invitation e-mail; that he sent him everything that he had, including a spreadsheet of the RSVP list.
Kimo Crossman, in rebuttal, said that the Mayor's office obstruction is endless and that he wanted to know who was invited, including their e-mail addresses.
Peter Warfield, asked for the source of the mailing list. He said that the Mayor's office should have a way to produce the documents.
Motion finding a violation of Section 67.21 of the Sunshine Ordinance for failure to provide the requested records. The Task Force urges the Mayor's Office to preserve all records related to a Public Records Request when the request is being reviewed within the Mayor's Office as it appears that the records requested in this Complaint were deleted by employees in the Mayor's Office of Neighborhood Services after the receipt of the Request by the Mayor's Office. (Knee / Wolfe)
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Goldman
Noes: Pilpel, Chan
Excused: Williams
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9.
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07010
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Public Hearing, complaint filed by Allen Grossman against the City Attorney's Office (CAO) for alleged failure to respond in a timely manner, failure to provide records requested in original electronic format (MS Word), and failure to provide an exact copy of the records requested.
Speakers: Allen Grossman, Complainant, said that he requested that CAO provide a procedure for preparing, reviewing and vetting published opinions in electronic format; that the CAO sent a PDF redacted version that covered the relevant procedures. He did not receive the document in its original format until last week, which is four and a half months later. Matt Dorsey, Respondent, said that there is no basis for the complaint. They had originally given Mr. Grossman the wrong documents, which resulted in the CAO taking too long to respond to the request. He said that they have since provided all responsive records requested, including allowing Mr. Grossman to view the document on a computer in the CAO.
Kimo Crossman said that the CAO put up obstacles that delayed access to the record requested including making personal attacks on Mr. Grossman; that the CAO should look to assist rather than obstruct.
Peter Warfield, said that personal attacks on Mr. Grossman's character by the CAO are inappropriate.
Motion finding no violation. (Craven / Knee)
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman
Noes: Comstock
Excused: Williams
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10.
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07011
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Public Hearing, complaint filed by Kimo Crossman against the Sheriff's Office for alleged failure to provide video records requested.
Previously continued.
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11.
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07013
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Public Hearing, complaint filed by Adam Aufdencamp against the Mayor's Office of Communications for alleged failure to respond to an Immediate Disclosure Request.
Continued, without objection.
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12.
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Report: Rules Committee: Meeting of March 12, 2007.
Member Wolfe made the report.
Speakers: Kimo Crossman played a portion of a tape of the Rules Committee meeting and said that the Administrator failed to add the word "simple" before the word majority.
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13.
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Motion adding Sub-Section B. 8. (a) and (b) to the Task Forces Complaint Procedures: (a) A complainant may waive the 45 day rule and a postponement shall be allowed. Should the complainant again wish to postpone, it shall be by a majority vote of the Task Force.
(b) A respondent may request a postponement but it shall be approved upon the majority vote of the Task Force.
Member Wolfe asked that the motion be corrected to add the word "simple" before "majority vote."
Speakers: Peter Warfield urged the Task Force to not act on the motion due to inadequate notice; that it isn't clear where it appears in the procedures. He said that the plaintiff's ability to postpone should not be restricted.
Continued, without objection.
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14.
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Report: Compliance and Amendments Committee: meeting of March 14, 2007.
Member Knee made the report.
Speakers: Kimo Crossman suggested that a letter be written to individuals who have contacted the SOTF office during the last two years to comment on the proposed amendments.
Peter Warfield said that proposed amendments should indicate 1) the change that is made, 2) the reason for the change, and 3) the source of the change. He said that he is dismayed that the letter by Member Knee to the Board of Supervisor does not include outreach to the public.
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15.
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07005 & 07007
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The Compliance and Amendments Committee has referred to the Task Force the Determination of whether the Department of Telecommunications and Information Services have fully complied with the Order of Determination of February 27, 2007.
Member Craven recused herself because Google is a client.
Member Wolfe recused himself because of his personal involvement and activities that involve DTIS in the WiFi matter.
Kimo Crossman, requested that the matter be continued due to the number of voting members remaining, because he doesn't feel he'll get a fair hearing.
Member Knee objected to a continuance. He said, that Mr. Crossman is presupposing the TF votes and is being prejudicial, which he finds very troubling.
Speaker: Kimo Crossman, said that he submitted a summary to DTIS listing ten outstanding issues, but never receive a response until today. He said that he did not get a meeting with Mr. Vinson as agreed. Ron Vinson said that he provided Mr. Crossman with all responsive documents prior to the CAC meeting. He said that he has also responded to Mr. Crossman's ten-item summary of outstanding issues.
Peter Warfield said that it is not fair for complainants to receive documents the day of the meeting for review.
Chair Comstock questioned each party with regards to their response to alleged ten outstanding issues. He said that more time is needed to review the packet of documents provided by DTIS at the CAC meeting.
Motion to refer the matter to the Compliance and Amendments Committee to determine whether the Department of Telecommunications and Information Services have fully complied with the Order of Determination of February 27, 2007. (Comstock/Cauthen)
Ayes: Knee, Cauthen, Chu, Comstock, Chan, Goldman
Noes: Pilpel
Recused: Craven, Wolfe
Excused: Williams
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16.
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Possible amendments to Sections 67.1 to 67.7 of the Sunshine Ordinance and subsequent sections as time permits.
- Sec 67.1 Findings and Purpose.
- Sec. 67.2 Citation.
- Sec 67.3 Definitions.
- Sec 67.4 Passive Meetings.
- Sec 67.5 Meetings to Be Open and Public; Application of Brown Act.
- Sec 67.6 Conduct of Business; Time and Place for Meetings.
- Sec 67.7 Agenda Requirement; Regular Meetings.
Continued, by consensus of the Task Force, to the April 10, 2007 special meeting of the Task Force.
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Administrator's Report.
The Administrator made the report.
Speakers: Kimo Crossman suggested that digital recordings be posted on-line and that proposed amendments be posted on-line in Word format.
Peter Warfield said that the complaint process does not indicate that a complaint form be completed in addition to a letter. He asked that the complaint procedures be revised to clarify the requirement for the form.
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| 18. |
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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.
Speaker: Peter Warfield said that he appreciates the greater level of detail in the minutes. He urged the Task Force to invite, seek out and allow public comment on the proposed amendments to the Ordinance, as was done by letter to the Board of Supervisors.
Kimo Crossman said that the public should be allowed to speak on the proposed amendments; that the Administrator should invite everyone who has contacted his office during the past two years and invite them to the meetings. He said, that he requested tapes of prior meetings but has not received them from the Administrator. He alleged that the CAC asked the Administrator to add an item on the agenda regarding posting original electronic documents, but the discussion was not agendized.
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| 19. |
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Announcements, questions, and future agenda items from the Task Force
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