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D D D D D D D D D File No. -------- Item No. SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST Complaint Committee Date: June 25, 2019 0 Petition/Complaint Page: \ \'1./ 0 Memorandum - Deputy City Attorney Page:-\-\~ 0 Petitioner/Complainant Supporting Documents Page: ~\;'\ D Respondent's Response Page: \V D Public Correspondence Page:_ 0 Order of Determination Page:_ D Minutes Page:_ 0 Administrator's Report Page:_ D No Attachments OTHER D D D D D D D D D Completed by:_--=C:...:.... -=L=eg=e=r_________ Date 6/19/19 *An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file. P111 .. :.. ;.:.u·.I 80/\:~D )F · :.':'lj·:- 1•-.,·-c -·'I '-' "-' .,_, SUNSHINE ORDfNANCE TASK FORCE i Dr. Carlton B. Goodlett Place, Room 244, San F.r:ancisco CA. 94102 TeL (415) 554-7724; Fax (415) 554-7854 hrtp:/lwww .sigov .o:rg/sunshme S1UNSIDN1E OJfUilltNANCE COiw'1?1LAJl:NT Name of individual contacted a1t Department or Commisskm ~§' £ L (-) (~~ ~ J 1U!? 0 Alleged violation public records access ~ Alleged violation of public meeting. Date of meeting Sunshine Ordinance Section t;;.·r, 1S(d) fUB LIC- 'Tl.5TitYioJJ 'l (If known, please cite specific provision(s) being violated) Please describe alleged violation. Use additional paper if needed. Please atta1ch any relevant documentation supporting your complaint. 5f:!.£ /-JTrn cf.l r-'b. J4D toau':J 2iu'111111 A~Y A5 :;~ ;1l'!/ f:.':b 70 ·r:U c-_ .. ·­ &;J:S ,4-r::ib 7:7{ £ r12--~ ·vi ..:Scc.b v £125 co 10 As ,a 1!-10"1£h j D ';;?{ £ . PI J JOl[R;.5... r ;JPIJc.; i)q. wAS C<TJA-!Dt{ i:b. 7V 1411~ t:.t'.:.... 711 E.- . -:5-A.( m /V( 1Y2_v 1- e.::; s ·':0 's < 1t:c:2 7 J0 £_ q- ;. ess t..1 ~-''l 7D /tf:._ iL?cJTJc."i1 . Do you want a public hearing before th~ Sunshine Ordinli1lnce Task Force? ~· yes 0 no Do you also want a pre:-hearing conference before the Complaint Committee? 0 yes ~ no 1 Mr. Ray W. H;u-tz Jr. (Optiona~ 839 Leavenworth St. #304 Name Address San Francisco, CA 94109-6131 == Telephone No. ·Date !lfa.-L-1 ·7, 2'0 19 I , I Signarur:::J i request confidentiality of my personal information. 0 yes [R no l NOTICE: PERSONAL INFORMATION THAT YOU PROVIDE l\rfA Y BE SUBJECT TO DlSCLOSURE UNDER THE ·CALIFORNIA PuBLIC RECORDS ACT AND THE SUNSHINE ORDINANCE, EXCEPT WHEN CONFIDENTIALITY TS SPECIFICALLY REQUESTED. YOU MAY LIST YOUR BUSINESS/OFFICE ADDRESS, TELEPHONE NUMBER AND E-MAIL ADDRESS IN LIEU OF YOUR HOME ADDRESS OR OTHER PERSONAL CONTACT fNFORMA TION. Complainants can be Monymous as long as the complainMt provides a reliable means of coottlct with the SOU' {Phone number, fiix number, or e-mail address). 07/3!/0ll P112 CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY DENNIS J. HERRERA PEDER J. V. THOREEN City Attorney Deputy City Attorney Direct Dial: (415) 554-3846 Email: Peder.Thoreen@sfcityatty .org MEMORANDUM PRIVILEGED AND CONFIDENTIAL TO: Sunshine Ordinance Task Force FROM: Peder I. V. Thoreen Deputy City Attorney DATE: June 3, 2019 RE: Complaint No. 19042- Ray W. Hartz, Jr. v. Norman Yee, Board of Supervisors Complaint No. 19043- Ray W. Hartz, Jr. v. Angela Calvillo, Board of Supervisors r'Al\lrDT A T?\T'T' V'\J.LT..Ll. .L..ir1...l.l. "t ..L In Complaint No. 19042, Complainant Ray Hartz, Jr. ("Complainant") alleges that Supervisor Norman Yee, President of the San Francisco Board of Supervisors, violated Section 67.16 of the Administrative Code ("the Sunshine Ordinance") by posting Complainant's 15 9 word summary of his public comment as an addendum to meeting minutes rather than including . the summary in the body of the minutes. In Complaint No. 19043, Complainant alleges that Angela Calvillo, Clerk of the San Francisco Board of Supervisors, violated Section 67 .15( d) of the Administrative Code by reformatting Complainant's 150 word summary of his public comment in the meeting minutes. COMPLAINANT FILES THIS COMPLAINT Complainant filed these complaints with the Task Force on May 7, 2019. JURISDICTION The Board of Supervisors is a policy body under the Ordinance. The Task Force therefore generally has jurisdiction to hear a complaint of a violation of the Ordinance against Respondents. Respondents have not contested jurisdiction. APPLICABLE STATUTORY SECTION(S) Section 67 ofthe San Francisco Administrative Code: • Section 67.15( d) prohibits a policy body from interfering with public criticism. • Section 67.16 governs the process for recording meeting minutes and posting minutes for public view. APPLICABLE CASE LAW • none BACKGROUND On May 7, 2019, Complainant filed Complaint No. 19042 with the Sunshine Ordinance Task Force alleging that Respondents Yee and the Board of Supervisors violated the Sunshine FOX PLAZA · 1390 MARKET STREET, 7TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 · FACSIMILE: (415) 437-4644 n:\codenf\as2019\9600241 \01364686.docx P113 CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAL TO: Sunshine Ordinance Task Force DATE: June 3, 2019 PAGE: 2 RE: Complaint No. 19042- Ray W. Hartz, Jr. v. Norman Yee, Board of Supervisors Complaint No. 19043 Ray W. Hartz, Jr. v. Angela Calvillo, Board of Supervisors Ordinance by attaching Complainant's 150 word summary ofhis public comment as an addendum to meeting minutes, rather than including such comments in the body of the minutes·. Complainant stated the following on his complaint form: Despite repeated rulings and written directives from the [Task Force], the SF BOS continues to place iny 150 word summaries as an addendum to the minutes as opposed to "in the minutes." On the same day, Complainant filed Complaint No. 19043, alleging that Respondents Calvillo and the Board of Supervisors violated the Sunshine Ordinance by reformatting his written comments. He writes: See attached 150 word summary as submitted to the BOS and the revised version as printed in the minutes. Spacing was changed to make the summary less distinctive & less likely to be noticed. On May 13, 2019, Respondents, through Records and Project Manager Wilson Ng, sent an email to the Task Force addressing Complainant's allegations as follows: In response to SOTF complaint file nos. 19042 and 19043, we respectfully request that the SOTF reference the contents of file no. 17048, which exhaustively responds to and addresses Mr. Hartz' (Complainant) numerous duplicative complaints regarding the placement/format of the 150-word summary. Provided attached are the Clerk of the Board's responses to the SOTF addressing this matter.(ll Per SOTF's memo dated October 11, 2017, file no. 17048 was referred to the Ethics Commission. Per the Ethics Commission meeting minutes of October 23, 2017, the Ethics Commission made the following motion in response: Motion 171023-3 (Kopp/Chiu): Moved, seconded and passed unanimously (5-0) that the Clerk of the Board Angela Calvillo did not violate the Sunshine Ordinance as alleged in Sunshine Ordinance Task Force Referral File No. 17048, Ray Hartz v. Angela Calvillo, Clerk of the Board of Supervisors. Commissioner Renne noted there is merit to Mr. Hartz's argument. Commissioner Renne stated he thinks it would be good policy that the Ethics Commission recommend to the various governmental agencies that when a 150-word statement is provided, it is placed in the corresponding agenda item. · Source: https://sfethics.org/ethics/2017/llldraft-minutes-october-23- 2017.html 1 Mr. Ng attached r~sponses provided by Respondent Calvillo to prior complaints by Complainant regarding this issue. ]1:\codeJ1f\as20 19\9600241\01364686 .docx P114 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAl TO: Sunshine Ordinance Task Force DATE: June 3, 2019 PAGE: 3 RE: Complaint No. 19042- Ray W. Hartz, Jr. v. Norman Yee, Board of Supervisors Complaint No. 19043- Ray W. Hartz, Jr. v. Angela Calvillo, Board of Supervisors Regarding complaint file no. 19043, the 150-word summary spacing is consistent with the formatting of all past Board minutes. The Clerk of the Board and Supervisor Yee conform to all said requirements. The Complainant's claims are without merit and should be dismissed. If the SOTF wishes to seek administrative remedy or conduct further inquiry, file nos. 19042 and 19043 may be referred to the Ethics Commission. Alternatively, SOTF may contact the Office of the City Attorney for consultation. QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS • None LEGAL ISSUES/LEGAL DETERMINATIONS • Did Respondents' placement of the 150 word summary of public comment within meeting minutes violate Sunshine Ordinance Section 67.16? • Did Respondents' reformatting of the 150 word summary of public comment in the meeting minutes violate Sunshine Ordinance Section 67.15(d)? CONCLUSION THE TASK FORCE FINDS THE FOLLOWING FACTS TO BE TRUE: THE TASK FORCE FINDS THE ALLEGED VIOLATIONS TO BE TRUE OR NOT TRUE. * * * n:\codenf\as20 19\9600241\0 1364686.docx P115 CITY' AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAL TO: Sunshine Ordinance Task Force DATE: June 3, 2019 PAGE: 4 RE: Complaint No. 19042- Ray W. Hartz, Jr. v. Norman Yee, Board of Supervisors Complaint No. 19043- Ray W. Hartz, Jr. v. Angela Calvillo, Board of Supervisors CHAPTER 67, SAN FRANCISCO ADMINISTRATIVE CODE (SUNSHINE ORDINANCE) . SEC. 67.15 PUBLIC TESTIMONY (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address a policy body on items of interest to the public that are within policy body's subject matter jurisdiction, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by Section 67.7(e) of this article.
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