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May 22, 2007

SUNSHINE ORDINANCE TASK FORCE
MINUTES

Tuesday, May 22, 2007
4:00 p.m., City Hall, Room 408

Task Force Members

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

Vacant

Seat 11

Marjorie Ann Williams

Seat 5

Kristin Chu

Seat 6

Doug Comstock (Chair)

Ex-officio

Vacant

Seat 7

David Pilpel

Ex-officio

Vacant


Call to Order The meeting called to order at 4:03 P.M.

Roll Call Present: Craven, Knee, Cauthen (out at 7:00), Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams

Agenda Changes: Items #21 was heard after item #4

Deputy City Attorney: Ernie Llorente

Administrator: Frank Darby

Agenda Changes:

Chair Comstock asked to continue item #3 to the next special meeting, without objection.

Kimo Crossman requested a continuance of item #8 (07027) to allow him time to review the response from the City Attorney.

Michael Farrah said that he is ready to move forward, and that he does not see any hope of a resolution by delaying the matter.

Member Craven said that the item should not be continued and urged the Task Force to hear the matter.

Motion to continue item #8. ( Comstock / Goldman )

Ayes: Comstock

Noes: Craven, Knee, Cauthen, Chu, Pilpel, Wolfe, Chan, Goldman, Williams

Kimo Crossman withdrew his complaint (#07027)

1.

Approval of minutes of April 24, 2007.

Chair Comstock informed the Task Force that he was submitting technical corrections to the minutes to the Administrator.

Speakers: None

Motion to approve minutes of April 24, 2007, as amended. ( Pilpel / Knee )

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

2.

Approval of minutes of May 9, 2007, Special Meeting.

Speakers: None

Continued to the June 13, 2007 Special meeting of the Task Force.

3.

Supplemental Supervisor of Public Records Report

Deputy City Attorney Dorji Roberts made the report. He said that Paul Jessen is now the new Supervisor of Records, and that the CAO is committed to Open Government. He said that he submitted, to the Administrator, a box containing 2500 pages of e-mails between himself and Mr. Crossman, which he discussed with the Task Force. He said that Mr. Crossman is abusing the Ordinance and has crossed the line.

Chair Comstock said that the supplemental report appears to be a legal brief directed against a specific person and that it should be a passionless, matter of fact report on the matters encountered by the CAO.

Member Craven said that the supplemental report incorporated the complaint that was filed against the City Attorney's Office (CAO) and that the report needed to be severed from the complaint.

Member Pilpel asked if there were better ways for the public to inquire about and/or gain access to the Supervisor of Records Report. DCA Roberts responded that the CAO will consider posting on the Web.

Member Wolfe asked if the CAO's response was directed against the one person because they are exercising their rights or because they are less intimidated? DCA Roberts responded that the CAO is not targeting an individual, but that they are noting obvious abuse. He said that there is an implied rule of reasonableness with regards to responses to complaints.

Chair Comstock asked about the use of the term "Implied Rule of Reasonableness." DCA Llorente said that it is a common term, and that he can provide court cases that indicate the use of the term.

Speakers: Kimo Crossman said that the "Rule of Reasonableness" refers to requests made for records that were not in a person's possession. He said that DCA Roberts is difficult to work with and does not respond within 10 days as required under the ordinance. He said that the e-mails also include DCA Robert's lengthy responses, and that the CAO won't provide the documents in Word format.

4.

Report from Complaint Committee meeting of April 10, 2007, and May 8, 2007.

Member Cauthen made the report. She said that the Committee discussed the motion regarding continuances, stylistic changes to the complaint procedures, the amount of pages that parties to a complaint can file, and will consider adjusting the timeframe that departments have to respond to complaints.

Member Pilpel asked for the wording regarding the 75-page rule. The Administrator referred him to Section B (5) of the Complaint Procedures.

DCA Llorente said that the Committee also discussed parties providing a summary of the documents that they are submitting.

Member Wolfe said that the Complianant can file as many pages as they like however, only 75 will be included in the packet.

Member Pilpel said that he is interested in getting to "the meat of the matter" and prefers less paper.

Member Williams said that she prefers to see the full exhibits without limitations.

Speakers: Louis Dillion said that the Task Force needs to help complainants deal with their decision or ruling after an Order of Determination has been issued. He said that when he filed his complaint, there was no follow through to ensure that the violation did not reoccur.

Member Pilpel asked Mr. Dillion to explain the instance where this occurred. Mr. Dillion responded that he did not get a hearing before the Compliance and Amendments Committee (CAC).

Ming Lee said that at the April 24, meeting the Respondents agreed to provide documents, but that they did not provide them. She said that she doesn't feel that she was provided proper guidance by the Task Force, and that she did not receive the e-mail notice from the Administrator.

Member Pilpel asked if the Complaint Committee could review the procedures to indicate that all Order of Determinations (OD) will be reviewed by the CAC.

Member Knee asked the Administrator if this was already being done. The Administrator responded that OD's are being reviewed by the CAC

Member Wolfe asked whether the Rules Committee should consider the matter. Chair Comstock responded that the matter was procedural and did not require a rule change.

Member Cauthen asked the Administrator to agendize a discussion regarding the review of Order of Determinations at the next Complaint Committee meeting.

07020

Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged failure to post meeting notices and minutes, and denial of request to be added to their e-mail distribution list for agenda notices.

Speakers: None

Motion to accept jurisdiction. ( Cauthen / Goldman )

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

07021

Determination of jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged refusal to provide public records in original electronic format on the City web site.

Speakers: None

Motion to accept jurisdiction. ( Cauthen / Goldman )

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

07027

Determination of jurisdiction of complaint filed by Kimo Crossman against the Small Business Commission (SBC) and Martha Yanez for alleged failure to provide e-mail addresses of the SBC Commissioners.

Previously withdrawn.

5.

07015

Continued request by Ming Lee that the Task Force consider her appeal from the Complaint Committees failure to find jurisdiction in her compliant against La Casa De Las Madres and the Department on the Status of Women for alleged failure to produce a service agreement in violation of Section 12L of the City Administrative Code.

Speakers: Ming Lee, Complainant, said that she did not want to meet with the DOSW and that there is a conflict in the e-mails regarding the recording of the meeting. Respondents: Emily Murase (DOSW), said that she submitted grievance procedures to the Task Force as requested, and that a letter was sent to Ms. Lee to discuss scheduling a meeting. She said that a memorandum of understanding was developed in response to this complaint.

Member Pilpel asked Ms. Lee if a meeting had occurred. Ms. Lee responded that she did not meet with DOSW. She said that this complaint does not fall under 12L, that she want the DCA Mary Marley present at the meeting, and that she wants to meet at the Homeless Advocacy office.

Ms. Murase said that she did not object to inviting DCA Marley to attend the meeting or meeting in another location.

Chair Comstock informed Ms. Lee that the Task Force can't accept jurisdiction until a meeting has occurred. The parties were encouraged to meet and to notify the Administrator that the meeting has occurred.

Allen Grossman said that the City Attorney and Ms. Murase who are paid employees should accommodate Ms. Lee.

Continued to the call of the Chair, by consensus of the Task Force.

6.

07020

Public Hearing, complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged failure to post meeting notices and minutes, and denial of request to be added to their e-mail distribution list for agenda notices.

Speakers: Patrick Monette Shaw, Complainant, said that the Assisted Living Work Group (ALWG) and the Transition Steering Committee (TAC) are Policy Bodies and that they are not posting agendas and minutes and refuse to add him to their mailing list. Larry Funk, Respondent, referred the members to the letter from John Kanaley on page 142 of the packet and said that ALWG and TAC are not Policy Bodies, but are groups formed by his (Funks) own initiative and not the Mayor or the Department head.

Mr. Shaw in rebuttal said that under Section 67.4 (a)(5) the bodies are passive meeting bodies and that he should have been placed on the mailing list to receive notices about their meetings and allowed access to future meetings.

Kimo Crossman said that according to Section 67.3 (c)(5) that the groups are passive meeting bodies, even if it's only City employees in attendance.

Mr. Funk, in response to questions from Member Pilpel, gave an overview of the ALWG and the TAC.

Member Craven asked Mr. Funk when the groups meet and who formed them. Mr. Funk indicted that he formed the both groups and that the TAC meets the first Tuesday of each month and the ALWG meets "sporadically."

Chair Comstock asked Mr. Funk if the meetings were held on City property. Mr. Funk responded that all but one meeting was held on City property.

Mr. Funk, in response to questions from Member Pilpel, said that Mr. Shaw had requested and has been allowed to attend the meetings. He said that he has no objection to attendance by the public, treating the groups as passive meeting bodies, making their agendas available, or adding Mr. Shaw to their mailing list, pending approval by Director Kanaley.

Mr. Shaw, in response to questions from Member Pilpel, said that he is agreement with Mr. Funk's response.

Member Williams asked Mr. Funk about the composition of the groups. Mr. Funk responded that the groups are diverse and consist of senior citizens, individuals with ADA, minorities, etc.

Member Cauthen asked Mr. Funk if he anticipates any objections form Mr. Kanaley. Mr. Funk responded that he does not anticipate an objection. Member Cauthen confirmed with Mr. Shaw that he wanted notice of the meeting and the ability to attend. Mr. Shaw said that most attendees are providers and not consumers.

Motion that a letter be sent asking the Department to treat the ALWG and the TAC as if they were passive bodies for purposes of attendance and that e-mail notification be sent to Mr. Shaw and others that might request notification. The Department is directed to post meeting notices on their web site, and provide a written response within 5 business days. Mr. Funk has agreed to take such action pending approval by John Kanaley. ( Pilpel / Cauthen )

Chair Comstock said that he believes that the groups are passive meeting bodies, and that they are considering policy as an advisory body. He said that there is no reason for them to meet behind closed doors.

Motion finding that the Assisted Living Work Group and the Transition Steering Committee are passive meeting bodies, and that the Department violated §67.4(a)(5) of the Ordinance for failing to conduct the meetings as passive meeting bodies. ( Craven / Chu )

Ayes: Craven, Knee, Cauthen, Chu, Comstock, Chan, Goldman, Williams

Noes: Pilpel

Excused Absent: Wolfe

7.

07021

Public Hearing, complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged refusal to provide public records in original electronic format on the City web site.

Speakers: Kimo Crossman, Complainant, said that the Administrator refused to post the amendments on the City web site in Word format as was requested by Chair Comstock at the Compliance and Amendments Committee (CAC). He said that the revised policy limits the formats for posting documents. Allen Grossman said that the Administrator makes it difficult for him and others to make the simplest requests. Frank Darby, Respondent, said that Mr. Crossman requested that he post the proposed amendments to the Ordinance from the March 14, CAC meeting online, prior to the document's existence. He said that after the document was created it was posted on the Internet and members of the CAC were notified.

Mr. Crossman, in rebuttal, said that it is not in the spirit of the Sunshine Ordinance to say that the document did not exist and that he should not have to file a complaint about this matter.

Member Craven asked the Administrator if it is feasible to post digital audio on the City's web site. The Administrator said no and that it is the Department of Telecommunication and Information Services' policy.

Member Craven asked the Administrator to send a copy of that policy to the Task Force Members and to Mr. Crossman.

Motion finding no violation. ( Goldman / Pilpel )

Ayes: Craven, Knee, Chu, Comstock, Pilpel, Chan, Goldman, Williams

Excused Absent: Cauthen, Wolfe

8.

07027

Public Hearing, complaint filed by Kimo Crossman against the Small Business Commission (SBC) and Martha Yanez for alleged failure to provide e-mail addresses of the SBC Commissioners.

Previously withdrawn.

9.

Report: Compliance and Amendments Committee: meeting of May 9, 2007.

Member Knee made the report.

Speakers: Kimo Crossman said that he was disappointed by the representative from the Office of Contact Administration (OCA). He said that OCA is clearly violating the Ordinance, but that people won't sue them because if they do they won't get a contract with the City.

Member Knee said that he will ask the OCA to attend another CAC meeting because the Committee has more questions.

10.

07008

The Compliance and Amendments Committee has referred to the Task Force for further consideration, their recommendation that the Public Utilities Commission be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to comply with the Order of Determination issued by the full Task Force on March 27, 2007; that potential referral, based on that finding, to another appropriate body be considered.

Member Craven recused herself.

Speakers: Kimo Crossman, Complainant, urged the Task Force to refer the matter for willful failure. Michael Housh, Respondent, said that the home contact information of Commissioners are protected information and are not subject to disclosure. He said that all of the Commissioners have a public e-mail address that the public can use.

Member Pilpel disclosed that he is a friend of Mr. Housh, but feels that he can be fair and impartial.

Member Pilpel asked DCA Llorente to explain the Task Force's responsibility with regards to due process for notifying parties of possible referrals for willful failure. DCA Llorente responded that the Executive Office of the Department who sends someone to represent him or her before the Task Force can be held responsible and referred if the Task Force finds a violation and determines that there was willful failure.

Motion finding Tony Winnicker has willfully failed to disclose requested documents and that this matter be referred to the Ethics Commission. ( Knee / Goldman )

Chair Comstock said that although there is a violation he doesn't think that it rises to the level of referral to the Ethics Commission. That this is essentially a battle between the Task Force and the City Attorney's Office, who are advising Departments. He recommended that no action be taken.

Ayes: Chu, Goldman

Noes: Knee, Comstock, Pilpel, Chan, Williams

Recused: Craven

Excused Absent: Cauthen, Wolfe

No further action taken.

11.

07009

The Compliance and Amendments Committee has referred to the Task Force for further consideration, their recommendation that the Mayor's Office be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to respond to the Order of Determination issued by the full Task Force on March 27, 2007.

Member Pilpel asked if a letter had been written to the Mayor's office requesting a response and a technical representative.

Chair Comstock responded that a letter had not been written. He asked the Administrator if the Mayor's Office was notified of the meeting. The Administrator responded that he sent an e-mail notice and he spoke with Joe Arellano regarding the meeting and that Mr. Arellano planned to attend the meeting. He said that Mr. Arellano was not certain whether their IT person would be available to attend the meeting.

Member Pilpel said that the Mayor's IT person is the most knowledgeable person that the Task Force needs to hear from.

Chair Comstock said that his understanding was that in lieu of writing the letter that they would invite the Mayor's IT person to the meeting, and after getting the information the Task Force would then write a letter to the Mayor. He said that the Task Force needs the IT person in order to move forward.

Motion to continue this item to the next meeting. (Comstock/Pilpel)

Member Craven said that appearance by the IT person would be helpful because they have a lot of questions regarding the destruction of records, and what are the backup policies.

Speakers: Kimo Crossman, Complainant, asked that the matter be referred to the Ethics Commission. He suggested that someone form DTIS appear to discuss their backup procedures and that a written policy from DTIS be provided, because the Mayor's IT person will not be able to answer questions.

The Administrator was asked to invite Joe Arellano, the Mayor's Office's IT person and a representative of DTIS who is familiar with the e-mail systems backup and retrieval procedures to attend the next Task Force meeting to discuss this matter.

Continued by consensus of the Task Force

12.

07011

The Compliance and Amendments Committee has referred to the Task Force for further consideration, their recommendation that the Sheriff's Office be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to respond to the Order of Determination issued by the full Task Force on April 24, 2007; that potential referral, based on that finding, to the Ethics Commission be considered.

Member Chan (previously recused) left the group.

Speakers: Kimo Crossman, Complainant, urged the Task Force to find a violation for willful failure and official misconduct and that the matter be referred to the Ethics Commission.

Ming Lee asked what the recourse is when the Task Force finds willful failure or official misconduct. Chair Comstock responded that the matter is forwarded to another body (Ethics, District Attorney, Attorney General) for further action

Member Knee said that this complaint merits a referral since the respondent has clearly stated that they will not comply with the Order of Determination.

Chair Comstock said that a referral to the Ethics Commission, District Attorney, or Attorney General will not be helpful. He said that referral to the Board of Supervisors may be helpful.

Member Craven said that the difficulty is that the Sunshine Ordinance does not clearly cover this case. She said that she doesn't believe that the Ethics Commission will do anything because the Sheriff's Office and the Task Force have different interpretations of the law; however the Board of Supervisors may decide to weigh in on this matter as to whether or not they agree.

Member Williams urged that the matter be referred to the Board

Member Pilpel said that the language of the item is not clear as to whether the Task Force is finding a violation or is making a referral.

Member Craven said that the Task Force may find the Sheriff's Office in willful failure to be official misconduct for its failure to comply and/or refer it.

Chair Comstock asked if the Board of Supervisors had enforcement powers. DCA Llorente responded that the Board had some enforcement powers.

Member Pilpel recommended that a letter be written to the Board making them aware of this matter an urging an investigation.

DCA Llorente, in response, recommended that a letter be sent to the Board of Supervisors letting them know that: the Task Force has issued an Order of Determination (OD) and have tried to work with the Sheriff's Office to have compliance with the OD but have been unable to achieve compliance. The Sheriff's Office is steadfast in their belief that they have legal grounds to refuse to release video taped records, which were recorded in City Hall. We believe that there is legal basis to grant their release. This is an issue of importance to the public. We are at an impasse and need your assistance. We ask that the Board of Supervisors investigate this matter and recommend appropriate action.

Motion that a letter be written referring this matter to the Board of Supervisors ( Comstock / Chu )

Ayes: Craven, Knee, Chu, Comstock, Goldman, Williams

Noes: Pilpel

Recused: Chan

Excused Absent: Cauthen, Wolfe

Chair Comstock asked the Administrator to assist him with drafting the letter.

13.

07023

The Compliance and Amendments Committee has referred to the Task Force for further consideration their recommendation that the Department of Telecommunications and Information Services be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to respond to the Order of Determinations issued by the full Task Force on January 23, 2007; that a potential referral, based on that finding, be sent to the Ethics Commission be considered.

Member Craven recused herself.

Speakers: Kimo Crossman, Complainant, urged a finding of willful failure of the Ordinance against Christ Vein and Ron Vinson

Member Pilpel said that he does not feel that further action is warranted.

Member Knee said that he isn't sure where the complaint can be sent to ensure an investigation. He said this is about whether the records were provided to the satisfaction of the complainant, and that the best course might be to refer it to the Ethics Commission.

Motion finding the Department of Telecommunications and Information Services through its officers Chris Vein and Ron Vinson for willful failure for failing to comply with the Sunshine Ordinance. The Task Force refers this matter to the Ethics Commission for investigation and remedy to the extent that the Commission deems appropriate. ( Knee / Goldman )

Ayes: Knee, Chu, Comstock, Chan, Goldman, Williams

Noes: Pilpel

Recused: Craven

Excused Absent: Cauthen; Wolfe

14.

Election of Officers: Chair and Vice-Chair

DCA Llorente served as moderator.

Nominations for Chair: Members Comstock and Craven. Member Craven declined the nomination.

  1. Chair Nomination: Member Comstock

    Ayes: Craven, Knee, Chu, Comstock, Chan, Goldman, Williams

    Noes: Pilpel

    Excused Absent: Cauthen, Wolfe

    Member Pilpel, in explaining his vote, said he believes it is appropriate to rotate officers from time to time since Member Comstock has served as Chair for two consecutive years.

  2. Vice Chair Nomination: Member Craven

Ayes: Craven, Knee, Chu, Comstock, Chan, Goldman, Williams

Noes: Pilpel

Excused Absent: Cauthen, Wolfe

Member Pilpel said that the reason for his vote is as previously stated.

15.

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 continuance shall be allowed. Should the complainant again wish to continue, such continuance shall be by a simple majority vote of the members present.

(b) A respondent named as an individual may request a continuance once, and upon agreement of the complainant the matter will be continued. If the complainant does not agree to the continuance requested, such continuance must be put to a vote and be approved by a simple majority vote of the members present.

Speakers: Kimo Crossman suggested that the matter be continued to allow time to consider the revised language. He said that he is concerned about the Departments ability to request a continuance.

Motion to continue. ( Pilpel / Williams )

Ayes: Pilpel, Williams

Noes: Craven, Knee, Chu, Comstock, Wolfe, Goldman

Absent: Chan

Excused Absent: Cauthen

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 if a request for continuance is submitted at least three business days in advance of the scheduled hearing it shall be granted. For request submitted least than three business days in advance or for request for subsequent continuances, the request shall be granted by a simple majority vote of the members present.

(b) If a respondent submits a request for continuance at least three business days in advance upon agreement of the complainant the continuance shall be granted. If the complainant does not agree to the continuance, the request for continuance is not made within three business days, or the respondent is requesting a subsequent continuance, such continuance shall be granted by a simple majority vote of the members present. (Wolfe / Chu)

Ayes: Craven, Knee, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams

Excused Absent: Cauthen

16.

Motion amending Section 7 of the Task Force's By Laws as follows [Strikethroughs = deletions; Underlines = additions]:

Section 7. Action at a Meeting; Quorum and Required Vote

The presence of a majority of the members (six members) of the Task Force shall constitute a quorum for all purposes. The affirmative vote of a majority of the members of the Task Force (six votes) present shall be required for the approval of all substantive matters. Procedural motions require an affirmative vote of a majority of the members present. If a quorum is not present, no official action may be taken, except roll call and adjournment.

DCA Llorente provided a review of the documents that were provided.

Member Craven said that she needs more information about changing the Task Force to a Commission.

Member Knee said changing the Task Force to a Commission requires a charter amendment and that the Mayor appoints Commission members, which would also require a charter amendment.

Speakers: Kimo Crossman said that the Task Force is a unique body and is not a Board or Commission. He urged the passage of the agendized language.

Chair Comstock proposed the following amendment to the By Laws.

Section 7. Action at a Meeting; Quorum and Required Vote

The presence of a majority of the members (six members) of the Task Force shall constitute a quorum for all purposes. The affirmative vote of a majority of the members of the Task Force (six votes) shall be required for the approval of all substantive matters. Procedural motions require an affirmative vote of a majority of the members present. If less than nine members are present and available to vote a complainant may request a continuance and the matter shall be continued. If a quorum is not present, no official action may be taken, except roll call and adjournment.

Chair Comstock asked the Administrator to agendize this matter for the next Task Force meeting.

Continued by consensus of the Task Force

Speakers: Kimo Crossman said that the Task Force is a unique body and not a Board or Commission. He said that they don't have to follow the advice of the City Attorney's Office. He said that the concern is about the six-vote requirement for an Order of Determination and not about hearing the complaint. He urged the passage of the agendized language.

17.

Discussion re: a stylistic/formatting revision of the Complaint Procedures

Member Knee discussed his suggested changes.

Speakers: Kimo Crossman suggested that the language on §B.2 that requires Departments to submit a response be spelled out in a separate sentence so that it is clear, and that a response be required 5 days after a complaint is filed.

Motion to accept the stylistic/formatting revisions recommended by Member Knee. Members are instructed to submit non-substantive corrections to the Administrator. ( Craven / Pilpel )

Ayes: Craven, Knee, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams

Excused Absent: Cauthen

18.

Discussion re: the Ethic Commission's records of closed investigations.

Chair Comstock said that he, as an individual, requested copies of the records of investigations of matters that the Task Force referred to the Ethics Commission for the past 5 years, but his request was denied. He asked the Task Force how they might want to proceed.

Member Pilpel asked Chair Comstock to explain the purpose for his request, and asked if there were any other process for getting the information.

Chair Comstock responded that the information would help the Task Force to better prepare support documentation for future matters that the Task Force refer to the Ethics Commission. He said that the CAC spoke with Executive Director John St. Croix of the Ethics Commission who said that they would not provide the documents.

Members Williams urged Member Pilpel to use his connections with Departments to assist the Task Force with getting the information that it needs so that they can help their constituents.

Member Craven asked if the Sunshine Ordinance trumps the Ethic Commissions statues. DCA Llorente said that it was possible only by charter amendment.

Member Wolfe asked if enforcement bodies to which the Task Force refers matters are required to carry out the Task Force's recommendation. Member Craven said that they are not required to carry them out.

Speakers: Kimo Crossman said that the Sunshine Ordinance supercedes all other laws and that Prop G allows access to closed files.

No action taken.

19.

Scheduling: Special Meeting of the Task Force to consider amendments referred from the Compliance and Amendments Committee §67.10 through 67.17.

Speakers: None

By consensus, the Task Force scheduled its next special meeting for Wednesday, June 13, 2007 at 5 PM.

Member Knee said that the CAC will reschedule it meeting to begin at 3:00 PM

20.

Administrator's Report.

The Administrator made the report.

Speakers: Kimo Crossman said that the Administrator is not keeping an inquiry log, which is needed for budgeting, to justify his position and to meet performance measures.

Member Pilpel said that the Administrators Report list the number of calls, e-mails, etc that he responds to.

Member Williams commended the Task Force and the Administrator for their hard work and services that they provide to the public.

21.

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.

Speakers: Kimo Crossman recommended that the Ordinance be revised to allow Seat 4 to be filled by another body other than New America Media. He said that its not fair for the City Attorney's Office (CAO) to help departments provide written responses to complaints because it's difficult for Complainants to respond to. He said that the SOTF office hours are still 7-4 and alleged that the public is being "ripped off."

Ming Lee asked if the Task Force could start its meetings at 5 PM or 5:30 PM to make it easier for working Complainants to attend the meetings.

Chair Comstock asked the Administrator if staff are available to clerk meetings after 5 PM. The Administrator responded that staff is available and that the normal practice of the Task Force is, upon request, to delay a matter until later in the meeting to allow all parties to attend.

Member Knee said that New America Media is an organization of news outlets that are minority owned and that their seat is to help ensure that there is diverse community representation on the Task Force.

Member Craven Said that it's wonderful to have someone from the minority press. She said that the Task Force may need to look at how it can broaden the scope so that they can participate more.

22.

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

Member Pilpel asked that a Budget meeting be scheduled. He said that he will work with the Administrator to draft the Annual Report. He asked the Administrator to list Kay Gulbengay as the Ex-officio member. He asked Chair Comstock if Angela Calvillo could be invited to the July meeting of the Task Force.

Chair Comstock said that they could.

Speakers: None


Adjournment

The meeting was adjourned at 9:27 p.m.


This meeting has been audio recorded and is on file in the Office of the Sunshine Ordinance Task Force.

Last updated: 8/18/2009 1:57:07 PM