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Vice-chair Craven chaired the meeting and said that items #13 and 14 would be heard after item #5 since DCA Llorente would need to be recused, and DCA Sanchez was present to take his place.
Due to the long agenda, vice-chair Craven asked the Members and parties to complaints to be as brief with their comments as possible.
Member Cauthen asked that members comments be limited to four minutes.
Vice-chair Craven said Members comments would be restricted so that each item will only have 20 minutes of comment from Members of the Task Force; she asked members to restrict their comments to 3 or 4 minutes. She that she will be a little quirt to the extent that she is chairing the meeting. Without objection.
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1.
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a.
b.
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Approval of minutes of August 28, 2007.
Public Comment: None
Motion to approve the August 28, 2007 minutes, as amended.( Knee / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Chan, Goldman, Williams
Absent: Pilpel, Wolfe
Excused: Comstock
Approval of minutes of September 25, 2007.
Public Comment: None
Motion to approve the September 25, 2007 minutes, as amended.( Goldman / Chan )
Ayes: Craven, Knee, Cauthen, Chu, Chan, Wolfe, Goldman, Williams
Absent: Pilpel
Excused: Comstock
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2.
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Discussion re: 071051_Charter Amendment - Minimum qualifications for members of City bodies that oversee and administer election, campaign finance, lobbying, conflict of interest, open meeting and public records, sponsored by Supervisor Alioto-Pier.
Speakers: none
Motion to write a letter to the Board of Supervisors expressing the Task Force's opposition to the Charter Amendment, specifically with regards to the language which states,
"(4) been a candidate for an elected office of the City and County, a treasurer for a committee that is required by state or local law to file campaign finance disclosure reports with the Ethics Commission or the Department of Elections, a registered campaign consultant, a registered lobbyist, or had an ownership interest in a registered campaign consultant or registered lobbyist, "
The Task force recommends that this language be stricken from the proposed charter amendment. ( Knee / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
Vice-chair Craven turned the meeting over to Chair Comstock.
Member Sheppard asked that the letter state that the motion was adopted unanimously. Without objection.
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3.
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Report from the Complaint Committee meeting of October 9, 2007.
Member Cauthen made the report.
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a.
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07060
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Determination of jurisdiction of complaint filed by Alex Clark against the Public Utilities Commission for alleged failure to provide requested records, failure to provide written justification for withholding of the records, and untimely response.
Member Craven was recused without objection.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
Recused: Craven
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b.
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07063, 07064, and 07065
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Determination of jurisdiction of complaint filed by Ray Hartz against the City Attorney for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance with identifying and obtaining public information from the San Francisco Police Department, refusal to release requested information, and refusal to acknowledge the Department's responsibility to comply with the Sunshine Ordinance.
Member Chan was recused without objection.
Speakers: None
Motion to accept jurisdiction. ( Knee / Cauthen )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Goldman, Williams
Absent: Pilpel
Recused: Chan
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c.
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07067
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Determination of jurisdiction of complaint filed by Jodi Watson against the Entertainment Commission for alleged failure to respond to an Immediate Disclosure request, and failure to provide requested records containing noise reports of Slim's nightclub from May through June 2007.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
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d.
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07068
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Determination of jurisdiction of complaint filed by Maxine Doogan against the District Attorney for alleged failure to provide requested records.
Member Knee indicated that he is acquainted with the complainant, but can be fair and impartial.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
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e.
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07069
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Determination of jurisdiction of complaint filed by Ray Hartz against the office of Supervisor Aaron Peskin for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
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f.
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07071
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Determination of jurisdiction of complaint filed by Dee Modglin against the Mayor's Office of Housing for alleged incomplete and inaccurate release of information.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
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g.
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07072
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Determination of jurisdiction of complaint filed by Randell Evans against the Redevelopment Agency and Mayor's WACAC for alleged incomplete minutes by not identifying public speakers or summarizing their comments, failure to provide the agenda and packet although identified on their mailing list, and interrupting a speaker during public comment without deducting the interruption from the speakers time.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
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h.
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07073
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Determination of jurisdiction of complaint filed by Russell Albano against the Human Resources Department – Workers Compensation Division for alleged failure to respond to two public records requests, failure to provide records, and failure to provide justification for withholding.
DCA Llorente recused himself. DCA Sanchez served as counsel.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
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i.
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07074
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Determination of jurisdiction of complaint filed by Russell Albano against the Fire Department for alleged failure to respond in a timely manner, failure to provide the records requested, and failure to provide justification for withholding.
DCA Llorente recused himself. DCA Sanchez served as counsel.
Speakers: None
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Wolfe, Chan, Goldman, Williams
Absent: Pilpel
Chair Comstock asked Mr. Albano if his two complaints could be combined. Mr. Albano said that the two complaints were different and asked that they remain separate.
Chair Comstock indicated that the complaints will remain separate.
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4.
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07038, 07043 & 07044
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Continued: Public Hearing, complaint filed by Anonymous Person against the Entertainment Commission for alleged failure to provide requested records and to release information.
Speakers: Anonymous Person, Complainant, via teleconference said that he has not received all of the records requested, and the records he received were not responded to timely. He also said that he did not get information regarding Halloween festivities. Bob Davis, Respondent, said that all records responsive to Mr. Anonymous' request were provided accept those that he did not pay for.
Member Craven asked Mr. Anonymous to identify documents he did not receive. Mr. Anonymous said that he did not receive 2007 amplified sound permits or information regarding Halloween.
Mr. Davis responded that the department does not have information regarding Halloween, because they are not involved; he said that the Mayor's office and Police Department would have information. He said that he is not aware of a request for loud speaker permits.
Member Craven said that the only outstanding issue is the 2007 Loud Speaker permits.
Chair Comstock asked Mr. Anonymous if providing him with the loud speaker permits would satisfiy his complaint. Mr. Anonymous said "no" that Mr. Davis should be reported to the Ethics Commission.
Mr. Davis said that he would check with his office regarding the loud speaker permits, and would provide what they have to Mr. Anonymous.
Motion to find a violation (Wolfe). Motion failed for lack of a second.
No formal action taken.
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5.
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07056
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Continued: Public Hearing, complaint filed by Myrna Lim against the Ethics Commission (EC) for alleged violation of Sunshine Ordinance ยง67.21 for failure to provide requested records.
Chair Comstock recused himself.
Member Knee indicated that his wife once appeared before the EC, but said that he can be fair and impartial.
Member Sheppard thanked DCA for the detailed opinion letter. He suggested that the complaint not be heard until a representative of the EC is present.
DCA Llorente said that the EC has already appeared twice and responded to the complaint. Member Sheppard withdrew his suggestion.
Member Knee moved to hear the complaint. Without objection.
Speakers: Myrna Lim, Complainant, said that the EC is not providing equal rights to all, and that the EC needs to be controlled and reigned in. John St. Croix, Respondent, provided a copy of the language for C&GCC Section 3.222 and said that they are in compliance with the law.
Ms. Lim, in rebuttal, said that Secton 3.222 does not apply.
Member Sheppard asked DCA Llorente who the EC could be reported to if found in violation. DCA Llorente responded that they could be reported to the District Attorney or the Board of Supervisors.
Member Wolf said that he is concerned with DCA Llorente's analysis because he cites state and not local bodies.
Public Comment: Allen Grossman said that he does believe that the DCA's opinion is accurate; that Section 67.24 and other sections are not covered.
Kimo Crossman said that the 2004 Administrative Procedures guidebook from the Attorney General (AG) does not exempt investigative records, and urged the Task Force to so find.
Doug Comstock (speaking as a member of the public) said that he don't believe that giving the requested documents will reveal investigative techniques.
Louis Dillon said that the information should be made available.
Member Pilpel asked Ms. Lim to explain the source of the two documents that she provided. Ms. Lim responded that one was from the EC's website, and the other from the Attorney General.
Member Pilpel asked Mr. St. Croix to explain the EC's function. Mr. St. Croix provided an explanation.
Member Knee asked Mr. St. Croix whether the matter was active, and whether records could be released as per Prop 59. Mr. St. Croix responded that the matter was dismissed; that the entire investigation is not public. He said that some records could be released with redactions.
Member Chu said that the facts of the complaint were already known
Motion finding a violation of Section 67.21 of the Sunshine Ordinance for failure to provide the records requested. The Commission is instructed to provide the responsive documents that have not been provided to Ms. Lim within 5 days after the issuance of this Order of Determination. ( Chu / Cauthen )
Ayes: Craven, Knee, Cauthen, Chu, Wolfe, Chan, Goldman, Williams
Noes: Pilpel
Recused: Comstock
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6.
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07060
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Public Hearing, complaint filed by Alex Clark against the Public Utilities Commission for alleged failure to provide requested records, failure to provide written justification for withholding of the records, and untimely response.
Member Craven recused herself, without objection.
Member Williams asked to be recused due to her clients' involvement with Mr. Clark.
Motion to recuse Member Williams. ( Pilpel / Knee )
Ayes: Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams
Recused: Craven
Speakers: Alex Clark, Complainant, said that he did not receive the records that he requested. Katherine Delaury, in support of the Complainant, said that their were several documents that were not provided. Alan Johanson, Respondent, said that the department provided numerous records on a rolling basis; that staff has made every effort to comply with the requests. Diane Parker, in support of the Respondent, said that they have provided thousands of documents to Mr. Clark on a rolling basis; that they have made extra effort in providing and cataloging the 42 boxes of records that were provided.
Mr. Clark, in rebuttal said that he spent thousands on records that were not responsive to his request.
Public Comment: Kimo Crossman, said that the PUC has provided the documents, so the matter should go back to the court.
Anonymous person's comments were inaudible.
Member Pilpel asked Mr. Clark to identify the documents that he did not receive. Mr. Clark said that he did not receive invoices, workorders, design documents and three emails pertaining to the pressure relief valve in question.
Mr. Johanson, said that he will search for the documents that Mr. Clark requested.
Motion finding no violation. ( Pilpel / Chu )
Ayes: Chu, Pilpel, Chan, Goldman
Noes: Knee, Cauthen, Comstock, Wolfe
Recused: Craven, Williams
The motion failed for lack of an affirmative vote (six votes) of a majority of the members of the Task Force.
Motion finding a violation of Sections 67.25 and 67.27 of the Sunshine Ordinance for failure to respond in a timely manner, and failure to justify withholding. ( Cauthen / Wolfe )
Ayes: Knee, Cauthen, Comstock, Wolfe
Noes: Chu, Pilpel, Chan, Goldman
Recused: Craven, Williams
The motion failed for lack of an affirmative vote (six votes) of a majority of the members of the Task Force.
No formal action taken.
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7.
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07063, 07064, and 07065
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Public Hearing, complaint filed by Ray Hartz against the City Attorney for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance with identifying and obtaining public information from the San Francisco Police Department, refusal to release requested information, and refusal to acknowledge the Department's responsibility to comply with the Sunshine Ordinance.
Member Chan recused himself. Without objection.
The Administrator informed the members that Public Information Officer Matt Dorsey, for Respondent, could not stay for the meeting due to a prior commitment, but has left documentation for the Task Force's consideration.
Speakers: Ray Hartz, Complainant said that staff in the City Attorney's office did not assist him; that he was mistreated by their staff and later arrested by the Sheriff's.
Member Cauthen said that Mr. Dorsey has provided documents that he was able to obtain from the Police Department to Mr. Hartz, as he agreed to at the Complaint Committee meeting
Mr. Hartz, in rebuttal, said that after providing him with documents that Mr. Dorsey asked him to withdraw his complaint, but he refused.
Public Comment: Anonymous person's comments were inaudible.
Member Sheppard asked Mr. Hartz if he became angry, spoke loud, and confrontational with staff in the City Attorney's office. Mr. Hartz responded that he remained calm, and respectful; that he told them that he would not leave until he was able to speak with a supervisor. He said that he sat down in a chair and read quietly until a Sheriff's deputy came in, asked him to leave, and when he refused, arrested him.
Motion finding a violation of section 67.21 (c) of the Sunshine Ordinance for failure to provide assistance. ( Wolfe / Goldman )
Ayes: Knee, Comstock, Wolfe, Goldman, Williams
Noes: Craven, Cauthen, Pilpel
Recused: Chan
Absent: Chu
The motion failed for lack of an affirmative vote (six votes) of a majority of the members of the Task Force.
No formal action taken.
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8.
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07067
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Public Hearing, complaint filed by Jodi Watson against the Entertainment Commission for alleged failure to respond to an Immediate Disclosure request, and failure to provide requested records containing noise reports of Slim's nightclub from May through June 2007.
Speakers: Jodi Watson, Complainant, said that she has received the records that she requested, but not in a timely manner.
The Administrator informed the Task Force that Mr. Davis had to leave, but indicated that he did provide the documents to Ms. Watson, and stipulated that the department did not respond in a timely manner.
Member Cauthen said that this is one of the instances where the Complaint Committee can be commended for assisting parties in resolving their dispute.
Public Comment: Anonymous person's comments were inaudible.
Motion finding a violation of Section 67.25 of the Sunshine Ordinance for failure to respond in a timely manner. ( Craven / Wolfe )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams
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9.
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07068
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Public Hearing, complaint filed by Maxine Doogan against the District Attorney for alleged failure to provide requested records.
Speakers: Maxine Doogan, Complainant, said that the District Attorney's Office (DA) did not provide her with the records that she requested including copies of contracts, reports, statistical data, or list of Board members. Sandip Patel, Respondent, said that the DA does not have the statistical data requested or list of Board members. He said that he provided copies of contracts that they have and that the reports are part of a criminal file and not subject to disclosure.
Ms. Doogan, in rebuttal said that Table 16 (packet pg 450) shows arrest for 2004, and that the departments response is unacceptable.
Public Comment: Anonymous persons said that she helped Ms. Doogan write the request, and that the DA should have some of the information requested.
Kimo Crossman said that he has had ongoing problems obtaining information from the DA. He suggested that a letter be written to the DA and Board of Supervisors regarding their poor record keeping, and if found in violation that the DA be referred to a DA outside of the City. He said that he hadn't heard any specifics from the complainant of records that were not received.
Members Cauthen and Knee asked Ms. Doogan what documents she wanted that she did not receive. Ms. Doogan said that she did not receive contracts from 1999 to 2004 for the First Offenders Prostitute Program (FOPP), the income received for the FOPP, and statistical data regarding the race and genders of those who participate in the FOPP.
Member Craven asked Mr. Patel if he had documents with statistical data on them. Mr. Patel said, "Yes, as part of the reports, but not a compilation. He said that the non-profit organization known as S.A.G.E. project may have this information.
In response to questions from members Mr. Patel said that he would research 1) What monies were paid to the S.A.G.E. by the DA, 2) Confirm whether Ms. Doogan has the current contract, 3) When services began being contracted out to S.A.G.E., and 4) to confirm whether there was a subsequent response to Martha Knutzen's undated letter on page 393 of the packet.
Member Pilpel referred Ms. Doogan to the Controllers office for copies of contracts and funds provided to S.A.G.E.
Motion finding a violation of Sections 67.21 and 67.25 of the Sunshine Ordinance for failure to provide records requested and failure to respond in a timely manner. The department is instructed to provide the responsive documents that have not been provided to Ms. Doogan within 5 days after the issuance of this Order of Determination. ( Williams / Pilpel )
Ayes: Craven, Knee, Cauthen, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams
Absent: Chu
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10.
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07069
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Public Hearing, complaint filed by Ray Hartz against the office of Supervisor Aaron Peskin for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance.
Member Chan recused himself. Without objection.
Member Craven informed Members that a representative from Supervisor Peskins Office could not attend the meeting due to the concurrent Board meeting and a family emergency.
Speakers: Ray Hartz, Complainant, said that he went to Supervisor Peskins Office three times to request assistance, but the Supervisors Aides refused to assist him.
Public Comment: Anonymous person's comments were inaudible.
Allen Grossman said that there were no-shows at the CAC by departments and now at today's meeting, so there appears to be a problem getting departments to attend. He said that the inappropriate treatment by City Hall employees is not uncommon.
Member Cauthen said that it appears that Mr. Hartz is having the same problem with two offices and suggested that the matter be continued to allow a representative of Supervisor Peskin's office to attend.
Chair Comstock asked Mr. Hartz if he was willing to waive the 45 day requirement and continue the complaint. Mr. Hartz responded, yes.
Motion finding a violation of Section 67.21 (c) of the Ordinance for failure to provide assistance. ( Wolfe / Comstock )
Ayes: Comstock, Wolfe, Goldman, Williams
Noes: Craven, Knee, Cauthen, Pilpel
Recused: Chan
Excused Absent: Chu
The motion failed for lack of an affirmative vote (six votes) of a majority of the members of the Task Force.
Motion to continue to the November 27, 2007 meeting. ( Craven / Cauthen )
Ayes: Craven, Knee, Cauthen, Comstock, Wolfe, Goldman, Williams
Noes: Pilpel
Recused: Chan
Excused Absent: Chu
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11.
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07071
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Public Hearing, complaint filed by Dee Modglin against the Mayor's Office of Housing (MOH) for alleged incomplete and inaccurate release of information.
Speakers: Dee Modglin, Complainant, said that she did not receive the records that she requested. Supporters: Laura Carroll, said that she has found little records in the files reviewed at the MOH. She said the MOH is claming records were sent to the City Attorney under attorney-client privilege and then transferred back to MOH, and that the Master List was not provided. Robert McKee said that MOH has inadequate record keeping and are willfully withholding documents. Doug Shoemaker, Respondent, said that the complaint is not about providing documents but rather dissatisfaction with the program. He said that MOH does not have the records requested and that all records that they had were provided.
Ms. Modglin, in rebuttal, said that two weeks ago she received a document that MOH initially claimed did not exist, so there might be others.
Public comment: Rubie Harris said that MOH has complied with all requests; that 14 boxes of records were provided. She said that she created most of the columns on the Master list; that a staff person put together the 20-50 year flier years ago and no one knew it existed until recently.
Anonymous person's comments were inaudible.
Kimo Crossman, said that the Task Force should find no violation because the Mayor's office has provided the records.
Member Craven asked Ms. Harris about the extent of MOH's search for the records. Ms. Harris responded that all server files, paper files, archived email, and the website were searched.
Member Wolf said that he remembers seeing the flier back in 1994 and urged Ms. Harris to check archive.org, which may have the flier. Mr. Shoemaker responded that MOH does not have the record and if they did they would provide it. He said that only MOH's correspondence with the City Attorney is privileged and not the files as Ms. Carroll indicated.
Member Willimans asked Ms. Modglin to identify the records that she did not receive. Ms. Modglin said that she did not receive access to the list of attorney client files, the redacted records, or emails.
Member Craven asked Mr. Shoemaker if the documents withheld are attorney client privileged documents. Mr. Shoemaker said yes.
Motion finding no violation. ( Goldman / Pilpel )
Ayes: Craven, Knee, Cauthen, Chu, Goldman, Williams
Noes: Comstock, Wolfe, Chan,
Excused: Chu
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12.
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07072
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Public Hearing, complaint filed by Randell Evans against the Redevelopment Agency (RA) and Mayor's Western Addition Citizens Advisory Commission (WACAC) for alleged incomplete minutes by not identifying public speakers or summarizing their comments, failure to provide the agenda and packet although identified on their mailing list, and interrupting a speaker during public comment without deducting the interruption from the speakers time.
Speakers: Randell Evans, Complainant, showed a video tape that he alleged showed him speaking during public comment, was interrupted, and the interruption was not subtracted from his time. He said that there is no evidence in the minutes to indicate that he spoke at the meeting.
Member Pilpel disclosed that he knows Rev. Townsend, but that he can be fair and impartial.
Member Williams said that she knows most of the parties, but that she can be fair and impartial.
Ace Washington, in support of the Complainant, said that he want to know what a passive meeting body is. He said that citizens in the community don't have representation on the Mayor's WACAC.
Jim Morales, Redevelopment Agency, said that advisory committees are used to advise the RA, and that the Mayor formed the WACAC in 2003. He said that the WACAC complies with the Brown Act in its meetings, that the City Attorney has determined that the RA is not bound by the Sunshine Ordinance. It is their position that the WACAC is also not bound by the Sunshine Ordinance. Supporters for the Respondent: Gaynell McCurn said that after three unexcused absences members are removed from the WACAC. Arnold Townsend said that the WACAC is a passive body; that they make recommendations to the RA but don't make policy. He said that he has interrupted Mr. Evans on occasion for being out of order and not having the floor; that he allows public comment but Mr. Evans continues on not allowing others to comment. He said that vacancies exist on the WACAC.
Mr. Evans in rebuttal said that there is no community representation on the WACAC as vacancies are filled.
Sheryl Davis, in support of the respondents, said that the issues that are before the Task Force are the omission of Mr. Evans name, the meeting notification, and alleged interruptions. She said that she and Mr. Townsend are the most engaged at the meetings, and that there has been community representation and that the community has imput.
Public comment: Anonymous person's comments were inaudible.
Motion finding that it is the Task Force's determination that they lack jurisdiction over the WACAC, which is subject to the Brown Act as it reports to the Redevelopment Agency. ( Pilpel / Craven )
Member Wolfe said that since the WACAC was created by the Mayor, that they are subject to the Sunshine Ordinance, and the Task Force has jurisdiction.
Member Sheppard asked Mr. Morales if he believes the Task Force does not have jurisdiction. Mr. Morales said yes.
Member Chan said that since the Mayor formed the WACAC that it falls under the Sunshine Ordinance.
Member Knee said under Section 67.3 (c) the WACAC does qualify as a passive meeting body, since it was created by the Mayor and members are appointed by the Mayor. He said that he is not clear as to whether there are requirements for minutes of passive meeting bodies and whether they been violated.
Member Craven said that there is no requirement for public comment or minutes for passive meeting bodies.
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Chan, Goldman
Noes: Wolfe, Williams
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13.
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07073
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Public Hearing, complaint filed by Russell Albano against the Human Resources Department – Workers Compensation Division for alleged failure to respond to two public records requests, and failure to provide records.
DCA Llorente recused himself. DCA Sanchez served as counsel.
Speakers: Russell Albano, Complainant, said that the department is not complying with the Ordinance and has not provided the records. He said that he asked for his own records and that he is not certain what additional documents are being withheld. He asked for the complete release of his documents.
The Task Force noted that a representative of the Department was not present.
Member Pilpel asked Mr. Albano if he received the documents listed in his letter on page 801 of the packet. Mr. Albano said no.
Member Craven asked Mr. Albano if there were other documents that had not been disclosed. Mr. Albano said that he was sure, because the department has not revealed what other records that they are withholding.
Chair Comstock asked Mr. Albano if he requested to know the volume of records that DHR had. Mr. Albano said the he hadn't, because he don't know what they have.
Motion finding a tentative violation of Sections 67.21 and 67.25 of the Sunshine Ordinance for failure to produce records requested, and failure to respond in a timely manner. The department is instructed to provide the responsive documents that have not been provided to Mr. Albano within 5 days after the issuance of this Order of Determination. ( Craven / Knee )
Ayes: Craven, Knee, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams
Absent: Cauthen
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14.
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07074
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Public Hearing, complaint filed by Russell Albano against the Fire Department (SFFD) for alleged failure to respond in a timely manner, failure to provide the records requested, and failure to provide justification for withholding.
DCA Llorente recused himself. DCA Sanchez served as counsel.
Speakers: Russell Albano, Complainant, said that the department has not responded to his request in a timely manner and has not provided the records. He said that he is only asking for his own files; that the attorney-client privilege is not valid. Rhab Boughn, Respondent, said that he received records for the physicians office, and that he looked for communications between the Medical Leave Supervisor and Workers Compensation, but there were none. He said that information regarding disability claims were referred to the Medical Leave Supervisor.
Mr. Albano, in rebuttal, said that a lot more records were requested than those at the SFFD. He said that he requested records from the Medical Leave Supervisor, and has exhausted his recourse. He said that there are more files that should be disclosed.
Public comment: Anonymous person's comments were inaudible.
Member Wolfe asked Mr. Boughn about the types of records that exist in similar cases. Mr. Boughn identified some record types and said that he is not involved in that process.
Member Pilpel asked Mr. Boughn if there is a written document for medical leave procedures. Mr. Boughn said that there may be. Member Pilpel asked Mr. Boughn to provide the procedures to Mr. Albano if they exist.
Motion to take no action and to refer the matter to the Compliance and Amendments Committee for further discussion with the prior complaint (07073). ( Pilpel / Knee )
Ayes: Craven, Knee, Cauthen, Chu, Comstock, Pilpel, Wolfe, Chan, Goldman, Williams
Member Wolfe said the a representative of Workers Compensation should be demanded to appear.
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15.
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Report: Compliance and Amendments Committee: meeting of October 10, 2007.
Member Knee made the report. He said that he will send out a couple of letters to the various parties as indicated in the minutes by the end of the week.
Member Sheppard noted that his first name was also used as his last name in the minutes.
Public Comment: Allen Grossman said that at the CAC the SF Library indicated that they would not comply with the OD; that the Ordinance is clear that there is 5 days to respond. He urged Member Pilpel and Sheppard to balance personal privacy with the public's interest; that the Attorney General's summary describes the need for this consideration.
Member Wofe, said that he has resigned from the Complaint Committee so that he can devote time to the CAC.
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16.
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Chair's Report.
Chair Comstock said that he met with Supervisor Mirkarimi who will introduce legislation to recommend that meetings be digitally recorded. He also asked to rescind approval of the minutes in 1b.
Member Craven suggested that the minutes not be rescinded again, but that Chair Comstock agendize the adoption of amended minutes for the next meeting. Without objection.
Public Comment: None
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17.
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Administrator's Report.
The Administrator made the report. He said that the December meeting of the Task Force falls on Christmas so they may need to decide whether to cancel or reschedule the meeting.
Chair Comstock, asked the Administrator to agendize a discussion regarding rescheuduling/canceling the December 2007 Task Force meeting.
Public Comment: None
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18.
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Discussion re: the memo from Member Harrison Sheppard.
Member Sheppard asked to defer discussion of this item to another date, and suggested that the Task Force hold a special meeting to discuss this letter and the complaint procedures; specifically with regards to scheduling and circulation.
Chair Comstock, asked the Administrator to survey the Members about their availability for a special meeting.
Public Comment: None
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19.
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Discussion re: the Task Force's draft 2006 Annual Report.
Public Comment: None
Member Craven asked the administrator to update the Members terms
Continued to the November 27, 2007 meeting.
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20.
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Public comment for items not listed on the agenda. Public comment shall be held at 5:00 p.m., or as soon thereafter as possible.
Public Comment: Louis Dillion said that the Task Force needs more teeth to enforce the Ordinance.
Member Wolfe said that he asked Mr. Davis to appear and asked to agendize a discussion regarding his issues.
Mr. Davis asked whether the Redevelopment Agency (RA) is subject to disclose information regarding 1) displaced persons, or 2) persons on their certificate of interest list. Chair Comstock said yes, the RA must comply with the CPRA.
Mr. Davis asked if there was any reason why that information would be privileged. Member Pilpel said yes.
Member Craven suggested that he contact the Supervisor of Public Records in the City Attorney's office to get answers to his questions.
Kimo Crossman said that Prop 59 is a separate authority that can be invoked. He said he asked the City Attorney for investigative files and received them.
Allen Grossman, said that he has two proposed amendments to the complaint procedures, 1) that the complainant be allowed to correct misstatements by the Respondents and to refocus the question, and 2) to regularize documents that are provided to the parties at the same time.
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21.
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Announcements, questions, and future agenda items from the Task Force
Public Comment: None
Member Pilpel asked if the meeting could be adjourned in the memory of Clayton Roche formally with the Attorney Generals office who wrote or drafted the original Brown Act and was a significant force on the opinions unit. Without objection.
Member Wolfe suggested that Members obtain a copy of the San Francisco Daily and read the top headline about two innocent men who were arrested and jailed for two months because the Police Department refused to look at their own tapes. He said that the Police were about to erase the tapes which exonerated them.
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Adjournment
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The meeting was adjourned at 11:37 p.m.
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