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Chair Comstock asked Members to be concise with their questions and comments due to the long agenda. He also informed members of the public that he was imposing a two-minute limit on public comment.
The Administrator informed the Chair that Supervisor Maxwell's office requests that items #11, and 13 be held after item #2, because the Supervisor may attend the meeting, however she also has a Board of Supervisors meeting to attend.
Katherine Higgins said that they were hoping to move the matter up on the agenda, but given the length of the Board of Supervisors meeting there is no guarantee that the Supervisor will attend.
DCA Llorente suggested that the Task Force exercise flexibility by calling her items if the Supervisor arrives.
Chair Comstock, by Task Force consensus, said that the items pertaining to Supervisor Maxwell would be called if she arrives prior to the order that they appear on the agenda.
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| 1. |
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Approval of minutes of May 22, 2007.
Member Goldman informed the Task Force that he was submitting technical corrections to the minutes to the Administrator.
Chair Comstock asked DCA Llorente if has and/or can provide court cases regarding the use of the term "implied rule of reasonableness?" DCA Llorente responded that he doesn't have them, but can provide them.
Chair Comstock asked the Administrator if he had sent a copy of DTIS's posting policy to Task Force members and Mr. Crossman. The Administrator responded yes. He also asked the Administrator if the Mayor's IT person had been invited to the meeting. The Administrator responded yes and said that a copy of the letter that was sent was in the packet under the Administrators Report, and that he received no response from the Mayor's Office.
Speakers: None
Motion to approve minutes of May 22, 2007, as amended. ( Knee / Goldman )
Ayes: Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Craven, Pilpel, Wolfe
Excused Absent: Chan
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| 2. |
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Report from Complaint Committee meeting of June 12, 2007.
Member Cauthen made the report
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a.
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07025
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Determination of jurisdiction of complaint filed by John Templeton against the Historical Preservation Fund Committee for alleged failure to provide notice of its meetings.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Craven, Pilpel, Wolfe
Excused Absent: Chan
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b.
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07028 & 07029
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Determination of jurisdiction of complaints filed by Dan Hirsch and Kelly Satuarno against the Recreation and Parks Department for alleged failure to provide notice of its meetings and failure to post the agenda of the April 19, 2007, meeting 72 hours prior to the meeting.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Craven, Pilpel, Wolfe
Excused Absent: Chan
The Administrator informed the Task Force that the last name for Complainant Kelly Saturno was spelled incorrectly, and that the second "a" should be removed.
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|
c.
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07030
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Determination of jurisdiction of complaint filed by Michael Petrelis against the Department of Public Health for alleged failure to provided copies of public records requested.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Craven, Pilpel, Wolfe
Excused Absent: Chan
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d.
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07031
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Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged violation of § 67.24 and 67.34 of the Ordinance for failure to provide copies of digital audio recordings of its meetings.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Craven, Pilpel, Wolfe
Excused Absent: Chan
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e.
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07034 & 07035
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Determination of jurisdiction of complaints filed by Peter Warfield for the Library Users Association, against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board of Supervisors for alleged violation of §67.21(c) and, possibly, §67.29-7 of the Ordinance for failure to respond to a request for assistance within seven days and possibly insufficient response.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Pilpel, Wolfe
Excused Absent: Chan
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f.
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07036
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Determination of jurisdiction of complaint filed by Peter Warfield for the Library Users Association, against the City Attorney's Office for alleged violation of §67.25 of the Ordinance for failure to respond to an Immediate Disclosure Request in a timely manner.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Pilpel, Wolfe
Excused Absent: Chan
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g.
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07037
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Determination of jurisdiction of complaint filed by Peter Warfield for the Library Users Association, against the City Attorney's Office for alleged violation of §67.21(c) of the Ordinance for failure to respond to a request for assistance within seven days.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Pilpel, Wolfe
Excused Absent: Chan
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|
h.
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07039
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Determination of jurisdiction of complaint filed Paul Graham against the Department of Public Health for alleged failure to respond to a request or to provide requested records.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Goldman, Williams
Absent: Pilpel, Wolfe
Excused Absent: Chan
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|
i.
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07040
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Determination of jurisdiction of complaint filed by Dr. Ahimsa Sumchai against Supervisor Sophie Maxwell for allegedly interrupting and delaying public comment.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Goldman, Williams
Absent: Wolfe
Excused Absent: Chan
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|
j.
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07041
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Determination of jurisdiction of complaint filed by Ming Lee against the Department on the Status of Women 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, Goldman, Williams
Absent: Wolfe
Excused Absent: Chan
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|
k.
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07042
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Determination of jurisdiction of complaint filed by Francisco Da Costa against Supervisor Sophie Maxwell for allegedly delaying his public comment.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Goldman, Williams
Absent: Wolfe
Excused Absent: Chan
Motion to limit debate on each complaint to 30 minutes, for this meeting only, and limiting individual Members debate to 5 minutes per complaint. (Goldman/Comstock)
Speakers: Kimo Crossman said that the Task Force should consult the complainants before accepting the motion.
Member Pilpel asked if debate could be extended if the Task Force feels that it is necessary. Chair Comstock responded yes.
The motion was adopted, without objection.
Chair Comstock again reminded members of the public that public comment will be limited to two minutes.
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| 3. |
07025
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Public Hearing, complaint filed by John Templeton against the Historical Preservation Fund Committee for alleged failure to provide notice of its meetings.
Speakers: John Templeton, Complainant, handed out a written statement and said that the March 24, 2007 agenda was not posted, and that since January he has only received two meeting notices. Rich Hillis, Respondent, said that the March 24, agenda was not posted until after the meeting. He said that Mr. Templeton has received notice of subsequent meetings.
Mr. Templeton, in rebuttal, said that progress was made only after the fact, however he is concerned that the process is not consistent with law and is not transparent.
Member Pilpel questioned Mr. Hillis regarding the formation of the Committee. Mr. Hillis said that the Committee was formed by the actions of the Redevelopment Agency, and was not a policy body. Member Pilpel said that he believed that the Committee is a passive meeting body.
Member Craven said that the Mayor's office is facilitating this committee which has members appointed by various entities. She asked Mr. Hillis how meetings are noticed, whether they are policy or passive meeting bodies, whether they create meeting minutes, and if there is a subcommittee that reviews the applications for funding. Mr. Hillis responded the meetings are posted on the internet, they allow public comment, but minutes are not taken. He said that there is a sub-committee to the Committee that consist of city staff and some members of the commission, which reviews the proposals and provides information to the committee.
Member Comstock asked Mr. Hillis where committee meetings are held. Mr. Hillis responded that meetings are held in City Hall.
Member Wolfe, said that the Task Force needs to determine whether the Committee is or is not a passive meeting body.
Member Williams asked Mr. Hillis if Mr. Templeton was notified of the January 17, meeting and for the ethnicity of the Committee members. Mr. Hillis said yes, that Mr. Templeton attended the meeting. He also provided the ethnicity of each of the committee members.
Mr. Pilpel asked Mr. Hillis if the meetings were conducted as a policy or passive meeting body. Mr. Hillis said that he didn't know, but that he believes they are meeting the requirements of a passive meeting body.
Chair Comstock asked Mr. Templeton if the meeting was accessible upon inquiry. Mr. Templeton said no, but that he believes that the committee is a passive meeting body.
Member Wolfe said that before a determination can be made the Task Force needs to know what kind of body the Committee is; that until then they should not move forward.
Motion to continue (Wolfe). Motion failed for lack of a second.
Motion finding a technical violation of §67.4(a) for failure to provide notice of its March 27, 2007 meeting. The department is encouraged to improve its communication with interested members of the public and to notify them of meetings upon request. Also the department is urged to make certain that the receptionist knows where the meetings are held so that individuals who inquire may be informed of the location of the meeting. ( Pilpel / Williams )
Ayes: Pilpel, Williams
Noes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Goldman
Excused Absent: Chan
Motion finding a technical violation of §67.6(e) and 67.4(a) for failure to provide notice of its March 27, 2007 meeting. The Committee is encouraged to improve its communication with interested members of the public and to notify them of meetings upon request. Also the Committee is urged to make certain that the receptionist knows where the meetings are held so that individuals who inquire may be informed of the location of the meeting. ( Craven / Cauthen )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Goldman, Williams
Noes: Pilpel, Wolfe
Excused Absent: Chan
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| 4. |
07028 & 07029
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Public Hearing, complaint filed by Dan Hirsch and Kelly Saturno against the Recreation and Parks Department for alleged failure to provide notice of its meetings and failure to post the agenda of the April 19, 2007, meeting 72 hours prior to the meeting.
Speakers: Rose Dennis, Respondent, said that there was proper notice of the meeting, and that there was a sign-up sheet for the April 19, 2007 passive meeting. She said that it was not the intent of the sign up sheet to provide notice of future meetings; that in the future there will be some type of option on the sign-up sheet to allow individuals to indicate whether they want to receive notice of future meetings.
Motion finding no violation. ( Pilpel / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Goldman, Williams
Excused Absent: Chan
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| 5. |
07030
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Public Hearing, complaint filed by Michael Petrelis against the Department of Public Health for alleged failure to provided copies of public records requested.
Speakers: Michael Petrelis, Complainant, said that he requested all e-mails and the calendar for Dr. Jeffrey Klausner of DPH for the month of December 2006, but his request was denied. He provided a handout of e-mails received from DPH that he alleged supports his complaint; Eileen Shields, Respondent, said that Mr. Petrelis' request for Dr. Klausner's e-mail was overly broad, and that Dr. Klausner's calendar is not subject to disclosure under the Ordinance.
Mr. Petrelis, in rebuttal, said that documents created by City employees are public record.
Kimo Crossman said that departments should make calendars available and request for them should not have to go through the complaint process.
Allen Grossman said that CPRA defines what a public record is and the department should provide it.
Patrick Monette-Shaw said that even if the department is not required to produce it, it is still a public document; that there is no reason for not making it available.
Motion to continue (Pilpel). Motion failed for lack of a second.
Motion finding a violation of §67.21 of the Sunshine Ordinance for failure to produce records. The Department is required to provide a response within 5 days of the receipt of this Order of Determination and to produce the records as soon as practicable. ( Craven / Wolfe )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Goldman, Williams
Noes: Pilpel
Excused Absent: Chan
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| 6. |
07031
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Public Hearing, complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged violation of § 67.24 and 67.34 of the Ordinance for failure to provide copies of digital audio recordings of its meetings.
Speakers: Patrick Monette-Shaw, Complainant; said that he requested a digital audio recording for three Transition Steering Committee meetings, but did not receive them. He said that he also did not receive a copy of the transcript. Robert Thomas, Respondent, said that the draft report and minutes were provided in hardcopy. He said that he could not provide that tapes because they had been recorded over, and that the digital audio recording was erased as a result of a problem that occurred on the drive of the local computer that it was stored on.
Mr. Shaw, in rebuttal, said that a failure to maintain records in accordance with the retention schedule is a violation.
Kimo Crossman, said that the alteration and destruction of a public record is a misdemeanor offense. He doesn't believe that the digital recorder was accidentally erased since it requires that you push a button to delete.
Motion to continue the discussion. ( Pilpel / Williams ). Without objection.
Motion to continue to the next meeting. ( Williams / Knee )
Ayes: Knee, Wolfe, Williams
Noes: Craven, Cauthen, Chu, Comstock, Pilpel, Goldman
Excused Absent: Chan
Motion finding a violation of §67.21 of the Sunshine Ordinance for failure to provide records. The department is instructed to provide the audio files, to the extent that they have them within 5 days after receipt of this Order of Determination, and/or explain to the complainant and to the Task Force why the Department cannot provide the audio files as requested. ( Pilpel / Wolfe )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Goldman, Williams
Excused Absent: Chan
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| 7. |
07034 & 07035
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Public Hearing, complaint filed by Peter Warfield for the Library Users Association against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board of Supervisors for alleged violation of §67.21(c) and, possibly, §67.29-7 of the Ordinance for failure to respond to a request for assistance within seven days and possibly insufficient response.
Member Pilpel recommended that item #'s 7, 8, and 9 be referred back to the Complaint Committee because it is not clear what the complaint is and since Mr. Warfield was not present. Member Craven agreed.
The Administrator reported that although Mr. Warfield was not present at the Complaint Committee hearing he had received a written correspondence from Mr. Warfield asking that his complaints be heard. The Administrator asked that the matter be considered by the Task Force.
Member Cauthen said that if the matter went back to the Complaint Committee, that she is not certain what they could do differently.
Member Craven said that since Mr. Warfield urged the Complaint Committee to move forward with his complaints in his absence that she is withdrawing her agreement to refer the matter back to the Complaint Committee.
DCA Llorente said that if the Task Force decided to hear the case they must do so based on the information that they have.
Speakers: Frank Darby, Administrator, said that regarding item #7 that he does not agree to a continuance and asked that the matter be heard. DCA Matt Dorsey, in regards to #'s 8 and 9, asked that the Task Force move forward with this complaint because he plans to stipulate, in the interest of brevity, to the issue of timeliness for both complaints. He said that the City Attorney's Office (CAO) did not respond timely. He asked that the record reflect that he apologizes for the late response, and that Mr. Warfield could let the CAO know why he fells that his request is incomplete.
Motion to refer back to the Complaint Committee (Pilpel). Motion failed for lack of a second.
Member Wolfe, reminded the members that jurisdiction had already been accepted on the items.
Motion to continue item #7, 8, and 9. ( Pilpel / Williams )
Ayes: Craven, Comstock, Pilpel, Goldman, Williams
Noes: Knee, Cauthen, Chu, Wolfe
Excused Absent: Chan
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| 8. |
07036
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Public Hearing, complaint filed by Peter Warfield for the Library Users Association against the City Attorney's Office for alleged violation of §67.25 of the Ordinance for failure to respond to an Immediate Disclosure Request in a timely manner.
Previously continued.
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| 9. |
07037
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Public Hearing, complaint filed by Peter Warfield for the Library Users Association against the City Attorney's Office for alleged violation of §67.21(c) of the Ordinance for failure to respond to a request for assistance within seven days.
Previously continued.
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| 10. |
07039
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Public Hearing, complaint filed Paul Graham against the Department of Public Health for alleged failure to respond to a request or to provide requested records.
Member Cauthen said that she knows Mr. Rivard, has worked with him on health issues, but can be fair and impartial.
Speakers: Paul Graham, Complainant, said that he requested from Dr. Rajiv Bhatia, information regarding instructions, guidelines, policies used by field inspectors who are inspecting noise complaints, however he did not receive a response until he filed the complaint. He said that Mr. Rivard has been very cooperative. Tom Rivard, Respondent, said that Mr. Graham requested records that don't exist, and that they did not response to his request until after the complaint was filed, to let him know that they did not have records responsive to his request.
Mr. Graham, in rebuttal, said that he was never notified that the records did not exist. He said that he was glad that Mr. Rivard "is in the loop," but is disturbed that others in the department did not respond to his request by informing him that they didn't have the documents.
Dr. Ahimsha Sumchai, said there is a pattern by DPH that impedes and obstructs the public from getting requested information. She said that the increased complaints against DPH indicates that something more needs to be done.
Motion finding a violation of §67.21 of the Sunshine Ordinance for failure to respond to the April 24, 2007 request. A written response must be provided, to the extent it has not already been provided, within 5 days after receipt of this Order of Determination. ( Pilpel / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Goldman, Williams
Excused Absent: Chan
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| 11. |
07040
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Public Hearing, complaint filed by Dr. Ahimsa Sumchai against Supervisor Sophie Maxwell for allegedly interrupting and delaying public comment.
Speakers: Dr. Ahimsa Sumchai, Complainant, said that Supervisor Sophie Maxwell on numerous occasions violated §67.15 of the Ordinance by interrupting the public during their public comment, not allowing the public to speak on opposing matters, and delayed her public comment. She said that she has a video presentation that shows the violations.
The Task Force took a brief recess to allow time to set up the video presentation.
Chair Comstock asked to be recused from items #11 and 12 due to a financial interest with one of Supervisor Maxwell's opponents.
Motion to recuse Chair Comstock. (Pilpel/Knee) Without objection.
Member Pilpel disclosed that he and Member Wolfe served as a volunteer at the Sierra Club with Dr. Sumchai, but don't believe that it will prejudice his views.
Member Willimans, disclosed that she is as personal friend with Mr. Da Costa, and know Dr. Sumchai and Espinola Jackson, but can be fair and impartial.
Member Wolfe disclosed that he knows Mr. Oflen.
Dr. Sumchai provide a video presentation of the April 16, 2007 Land Use Committee, which she said shows several violations. Dr. Sumchai also said that, Supervisor Maxwell, during the May 7, 2007 meeting interrupted the entire public comment period to allow a departmental representative to speak to statements that were made but did not allow a rebuttal.
Speakers in support of the complainant: Espinola Jackson said those who came later were able to speak before her. Francisco Da Costa said that he told the clerk that he wanted to speak earlier during public comment. He said that coming to the Task Force to get adjudication is difficult and that he is fed up with being denied public comment. Brian O'Flynn said that the interruption was intended to suppress public comment and that the Supervisor cut short his comments, which is a violation of §67.15. Joe Cassidy said that Supervisor McGoldrick and Maxwell are mocking the public and suppressing public comment.
Katherine Higgins, Respondent, said that there has been no action by the Supervisor to oppose differing public opinions. She said that there was no intention to delay Dr. Sumchai's public comment; she described the committee clerks process for collection speaker cards. She also said that the matter before the Land Use Committee on April 16, 2007 pertained to the endorsement of a matter, but that Mr. Oflen toward the end of his public testimony begin talking about a lawsuit. Ms. Higgins said that during the May 7, 2007 meeting members of the public were not interrupted during public comment, and that public comment continued after the department responded to questions from members of the committee.
Dr. Sumchai, in rebuttal, said that there was information that Supervisor Maxwell did not want aired, and that the Supervisor, because of past conflicts, delayed her public comment. She said that the City contributes to a "conspiracy of silence" toward the public during public comment.
Public Comment: Kimo Crossman, said that there is nothing to allow restrictions on public comment content. He said that the Task Force can advise the BOS on public comment. He urged the Task Force to continue the matter so that the Supervisor can attend.
Anora Dunn said that the Supervisor should have attended. She said that there are symptoms of unknown origin that are affecting people in the community. She said that Supervisor Maxwell has an obligation to attend the community meetings or to send a representative.
Allen Grossman said that Ms. Higgins testimony is of no value if she did not attend the meetings in which the incidents occurred. He said that the Task Force is on par, if not at a higher level, with the Board of Supervisors and that the Supervisor has "very little choice" with regards to appearing before the Task Force when asked.
Motion finding a violation of §67.15 (c) and (d) of the Sunshine Ordinance for interrupting Mr. Brian O'Flynn's public comment during the April 16, 2007 Land Use Committee meeting, by not allowing him to speak on a matter related to the item and reducing his time. The Task Force is concerned about allegations presented to the Task Force that speakers have been called out of order during public comment, and has concerns about fairness in the application of the public testimony rules. We believe that it is important for the Board of Supervisors to better demonstrate to the public that speaker cards that are turned in will be handled appropriately. The Task Force urges Supervisor Maxwell to adopt clear policies and regulations to provide for a transparent and orderly administration of public comment. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Pilpel, Wolfe, Goldman, Williams
Noes: Chu
Recused: Comstock
Excused Absent: Chan
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| 12. |
07041
|
Public Hearing, complaint filed by Ming Lee against the Department on the Status of Women (DOSW) for alleged failure to respond to an Immediate Disclosure Request.
Speakers: Ming Lee, Complainant, said that she submitted a request to DOSW for the job classification of Dr. Emily Murase and for her collective bargaining agreement, but did not get a response. She said that she was asked why she wanted the records. Ms Lee referred to an e-mail on page 288 of the packet, and said that she doesn't recall receiving it and wanted a continuance so that she can see if she has it. She also said that she wanted to know the protocol if a promise is made to provide records but the department does not comply with the Task Force's instructions. Dr. Emily Murase, Respondent, said that Ms. Lee sent the request to Ms. Cynthia Vasquez, so she was not aware of the request. Dr. Murase said that she responded as she received the request. She said that she attempted to meet with Ms. Lee, alone with the Deputy City Attorney (DCA) at a netural place, but Ms. Lee did not appear for the meeting.
Ms. Lee, in rebuttal, said that there was no point meeting because she was told that the DCA would not be present. She said that Dr. Murase's statements are misleading.
Member Craven informed Dr. Murase that requesters are not required to provide a reason for making a request. Dr. Murase said that she is aware of that, and has informed her staff.
Member Pilpel said that he believes that there are some communications issues, and that there is a need to find a way to help resolve the matter with Ms. Lee. Dr. Murase suggested that Ms. Lee consult with Ms. Beverly Upton, Executive Director of the Domestic Violence Consortium, for mediation of her issues.
Motion finding no violation. (Pilpel / Goldman)
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Goldman
Noes: Wolfe, Williams
Excused Absent: Chan
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| 13. |
07042
|
Public Hearing, complaint filed by Francisco Da Costa against Supervisor Sophie Maxwell for allegedly delaying his public comment.
Speakers: Francisco Da Costa, Complainant, said that he arrived 15 minutes earlier to the meeting, filled out the speaker card, and gave it to the committee clerk. He said that as a result of special markings that he placed on his speaker card that he saw the Supervisor move his card to the back of the stack of speaker cards.
Speakers in support of the complainant: Espinola Jackson said that she arrives early so that she can speak and leave early, but her name is called after others although she is one of the first to arrive. Joe Cassidy said that the Supervisor is shuffling the deck of speaker cards, and that there is a concerted effort to muzzle everyone. Dr. Ahimsha Sumchi said that the pattern of behavior has already been identified as a problem by the Task Force.
Katherine Higgins, Respondent, said that she has already provided the clerks' procedures in her written response, and said that there was no intent to delay public comment.
Mr. Da Costa, in rebuttal, said that the Supervisor should be present and there is no time to waste without getting a fair adjudication. He said that public officials are accountable to the public, and that he doesn't want a representative who doesn't know anything about the matter.
Public Comment: Kimo Crossman, recommended that a letter be written to the Supervisor, and that the Task Force agendize a discussion regarding appropriate public comment and that the Board of Supervisors be invited to attend. He said that the Supervisor should be present and that the City Attorney should not have instructed the Supervisor not to attend.
Anora Dunn, said that Supervisor Maxwell must respect the fact that the people elected her.
Motion finding no violation, but recommend that a letter be sent suggesting ways that speaker cards can be handled or to invite further discussion on the topic of speaker cards and the handling of public comment. ( Pilpel ) Motion failed for lack of a second.
Motion to take no action, but that a letter be written expressing concerns about allegations presented to the Task Force that speakers have been called out of order during public comment, and has concerns about fairness in the application of the public testimony rules. We believe that it is important for the Board of Supervisors to better demonstrate to the public that speaker cards that are turned in will be handled appropriately. The Task Force urges Supervisor Maxwell to adopt clear policies and regulations to provide for a transparent and orderly administration of public comment. ( Craven / Knee )
Ayes: Craven, Knee, Cauthen, Chu, Pilpel, Wolfe, Goldman, Williams
Recused: Comstock
Excused Absent: Chan
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| 14. |
|
Report: Compliance and Amendments Committee: meeting of June 13, 2007.
Member Knee made the report.
Speakers: None
|
| 15. |
07009
|
Continued discussion: 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.
Chair Comstock asked the Administrator if the Mayor's Office had responded to the June 11, 2007 letter. The Administrator informed the Task Force that he did not receive a response.
Speakers: Kimo Crossman said that the referral should identify who the violation is against and cite willful failure and official misconduct for failure to file the Sunshine Ordinance. He said that the Attorney General will not investigate because Jerry Brown got in trouble for destroying records, and that the DA won't do it because it is a political issue. He said that only the Ethics Commission can do some form of investigation.
Allen Grossman said that the California Criminal Code says that official misconduct is a misdemeanor, and that the DA could easily find that there is a violation.
Member Pilpel asked that the question regarding who the matter is referred to be divided. Chair Comstock, ruled that the question will be divided.
Motion to appeal the ruling of the Chair. ( Wolfe / Comstock )
Ayes: Wolfe
Noes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Goldman, Williams
Absent: Chu
Excused Absent: Chan
Motion to refer to the Board of Supervisors for further consideration. ( Knee / Cauthen )
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Goldman
Noes: Williams
Absent: Chu
Excused Absent: Chan
Member Craven said that although she believes that the Mayor's Office made a mistake when they deleted the records, that the reason for her vote is because the failure of the Mayor's Office to appear before the Task Force for the past two months to explain how e-mails are kept and retrieved shows a level of disrespect and disregard for the issue.
Motion to refer to the District Attorney and Attorney General for further consideration. ( Knee / Cauthen )
Ayes: Craven, Knee, Cauthen, Wolfe, Goldman, Williams
Noes: Comstock, Pilpel
Absent: Chu
Excused Absent: Chan
Member Williams said that she wanted to change her vote on the prior motion because she thought that the motion was to refer the matter to the Board of Supervisors only.
Motion to refer to the Ethics Commission for further consideration. ( Wolfe / Goldman )
Ayes: Craven, Knee, Cauthen, Wolfe, Goldman, Williams
Noes: Comstock, Pilpel
Absent: Chu
Excused Absent: Chan
Chair Comstock asked members to contribute to what that referral should say, and clear on the laws that have been violated.
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| 16. |
|
Report: Ad Hoc Budget Committee: meeting of June 6, and 14, 2007.
Member Wolfe made the report.
He indicated that the Interim Clerk of the Board attended the meeting and as such they will end up with a 1.85 FTE, at the classification of a Executive Secretary, and they will have the authority to deal with the public and carry out most of the duties preformed by the Administrator.
The Administrator reported that the Board of Supervisors, at the June 25, 2007, Budget and Finance Committee approved the recommendation without objection.
Member Pilpel asked if the Task Force to agendize a discussion regarding the mission and goals of the committee. Without objection.
Speakers: Kimo Crossman said that hopefully the SOTF office will be open during business hours and that the Task Force will address the appropriate duties should be.
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| 17. |
|
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) 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.
Speakers: Allen Grossman referred to members to the letter that he submitted in the packet and said that a private party does not have the resources to research this matter. He said that there is a question as to whether a member of the Task Force can participate in a meeting via teleconferencing; that the Task Force's By Laws say no, but that the section that Mr. Owen provided says yes.
Member Craven thanked Mr. Grossman for his letter.
Kimo Crossman, said that the Task Force could have given Mr. Grossman more time since he put 40 hours preparing the memorandum.
Member Pilpel, thanked Mr. Grossman for his letter. He said that he does not support the proposed change because the Task Force should determine whether to grant or deny a continuance.
Member Knee thanked Mr. Grossman for his letter. He said that the Task Force is not equal to the Board of Supervisors because, 1) the Board appoints members to the Task Force, 2) the Task Force has no subpoena power and 3) the Task Force has no authority to discipline or penalize. He asked Mr. Grossman about his thoughts on the matter.
Mr. Grossman said that the Task Force has power to make their own rules that cannot be restricted or limited by the BOS and can have their own quorum requirements. He said that he doesn't know how Prop B relates to this. He said that the Task Force has a lot of power.
Member Wolfe, asked whether the Task Force's determinations are consistent with a legal opinion that is written when there is no law that specifically addresses a matter; that this may be where the power of the Task Force lies.
Allen Grossman, said that the determinations of the Task Force have legal consequences because the Task Force has the expertise regarding public meetings and laws.
Member Pilpel said that although the provision of the Ordinance only supersedes other local laws that may be in conflict, the Charter is held at a higher level than Ordinances.
Chair Comstock said that the SOTF is the last place for people to turn to when they are not being heard. It is important that they feel that they are treated fairly by the Task Force and that they can get sufficient votes. He said that this will help the public have more confidence in the Task Force.
Member Craven, said that not all members of the Task Force have their minds made up prior to the meeting, and that trying to count votes in advance is not a good idea. She said that members do make an effort to attend every meeting, which should be the standard, rather than allow individuals to get a continuance because they don't believe that they will have enough votes to win.
Motion to continue to the next Task Force meeting. (Cauthen) Motion failed for lack of a second.
Motion to approve the proposed amendment to the Sunshine Ordinance Task Forces By Laws. ( Comstock / Wolfe )
Ayes: Comstock, Wolfe, Goldman
Noes: Craven, Knee, Cauthen, Pilpel
Absent: Chu, Williams
Excused Absent: Chan
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| 18. |
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Discussion re: Poor public comment reporting in General Obligation Bond Oversight Committee (GOBOC) minutes.
Member Cauthen said that she noticed that the minutes for the GOBOC are not in accordance with the Ordinance. She suggested that the Task Force write them a letter referring them to 67.16 of the Ordinance. Without objection.
Speakers: Kimo Crossman agreed with the recommendation and said that he already sent them a letter.
Member Pilpel said that Emerick Common informed him that he feels that he is often mistreated in the GOBOC minutes.
Chair Comstock asked Member Cauthen to assist him with writing the letter. Member Cauthen said that if the Chair draft the letter that she would edit it.
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| 19. |
a.
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Report from the Special Meeting on the status of amendments to the Ordinance.
Chair Comstock said that the February primary is anticipated to be a high voter turnout and would be a great opportunity to present the proposed amendments. However, everything must be wrapped up by November, which requires that they have more special meetings since complaints are taking up their regular meeting time.
Member Wolfe suggested a special weekend retreat.
Member Cauthen, suggested that time limits be place on members with regards to the amendments.
Member Wolfe, said he rather not expedite the process.
Member Craven, said that if members look through the Ordinance prior to the meeting and come prepared to convey their thoughts it would help keep things moving.
Chair Comstock, said that he can appoint Members Wolfe and Pilpel to the Compliance and Amendments Committee.
Member Pilpel suggested that the Task Force not specify a completion date but rather to move through the proposed amendments, then once done determine which election to have it put before the voters. He said that in some instances he does not have solutions to proposed Ordinance amendments prior to the meeting so he hold his thoughts until he hears ideas from other members.
Member Cauthen suggested that the Task Force move forward, while the current Board is still seated.
Member Pilpel suggested that the Task Force complete proposed amendments to Article II at the next special meeting.
Chair Comstock, appointed Members Wolfe and Pilpel to the Compliance and Amendments Committee. Without objection.
Speakers: None.
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b.
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Scheduling: Special Meeting of the Task Force to consider amendments referred from the Compliance and Amendments Committee
Speakers: None
By consensus, the Task Force scheduled its next special meeting for Friday, July 13, 2007 at 4 – 6 PM.
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20.
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Administrator's Report.
The Administrator made the report.
Chair Comstock asked the Administrator why he summarizes the testimony of the public but not the members of the Task Force. The Administrator responded that members of the public have a time limit, but the Task Force has continuing dialog. He said that he does not have the time to do verbatim minutes, and that it takes 2.5 to 3 hours to complete minutes 1 hour of a meeting; that doing so would require that he shut down the office. The Administrator said that he will make certain that the actions of the Task Force are captured, and other detail if time permits. He thanked the Chair for amending the minutes to add the additional discussion on each item.
The Chair indicated that he will only be able to listen to the tapes once more to add the additional discussion into the minutes, he asked other members to volunteer to assist with this task.
Speakers: None.
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21.
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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.
Speakers: Kimo Crossman said that Mr. Warfield indicated to him that he wants all of his items continued; that he sent an e-mail to the Administrator asking that they be continued.
Chair Comstock asked the Administrator if he received a request for a continuance from Mr. Warfield. The Administrator responded that the e-mail request from Mr. Warfield asked that the Task Force not move forward with his complaints and that to clarify Mr. Warfield's statement the Administrator asked him if he was withdrawing his complaint, but has not received a response. He said that neither he nor the City Attorney's office was agreeable to a continuance.
Kimo Crossman, said that Mr. Warfield is entitled to one automatic continuance. He said that there is no such thing as a "technical" violation, and asked that the term not be used. He said that the Administrator knows that Mr. Warfield has limited e-mail access is trying to cause problems for Mr. Warfield.
The Administrator informed the chair that the e-mail that he sent to Mr. Warfield was in response to the e-mail that was sent by Mr. Warfield.
Dr. Ahimsa Sumchai expressed concerns that she feels fall within the jurisdiction of the Task Force that are arising our of the efforts by Supervisor Michela Alioto-Pier to sponsor legislation that will enact codes of conduct for members of the Board of Supervisors. She said that although there are legal definitions for defamation of character and libel, that under the Ordinance a policy body must not abridge or prohibit public criticism of policies, procedures and programs of the City; that in the process of developing legislation the Task Force must take a stand to ensure that there is no abridgement of the Sunshine Ordinance.
Member Cauthen suggested to Dr. Sumchai that she notify the author of the motion and other Board Members who are causing the violation.
Member Pilpel asked that communication can be sent to the Board of Supervisors asking that the legislation, when its available, be referred to the Task Force for review and comment.
Member Williams said that she is uncomfortable with the ruling on the complaint by Mr. Templeton, specifically with regards to the use of the word "technical" to describe the violation.
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22.
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Announcements, questions, and future agenda items from the Task Force.
Speakers: None
Member Pilpel said the he hopes to have a draft of the Annual Report to the Task Force by the next meeting. With regards to the Community College District he said that S7 Resolution would not be voted on, on Thursday. He said that he agreed to redraft the SO in a way that works for the institution by August 1.
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